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All ITAT

Disallowance u/s 36(1)(va) sustained for non-deposit of employees contribution within relevant due date

May 22, 2023 1338 Views 0 comment Print

ITAT Bangalore held that employees contribution has to be deposited within the due date under the relevant employee welfare legislation like PF Act, ESI Act etc. Accordingly, disallowance u/s. 36(1)(va) sustained because of non-deposit within relevant due date.

Written off of irrecoverable advances to company being in nature of business loss is allowable as deduction

May 22, 2023 5766 Views 0 comment Print

ITAT Chennai held that written off of irrecoverable advances given to company partakes the nature of business loss which can be allowed as deduction. Accordingly, delete additions made towards disallowance of written off of advances.

Proceedings u/s 263 sustained as AO failed to apply proper and correct section of Income Tax Act

May 22, 2023 840 Views 0 comment Print

ITAT Pune held that revisionary proceedings under section 263 sustained as AO failed to apply proper and correct section of Income Tax Act to the investment in the undisclosed stock.

ITAT refuses condonation of 1005 days delay caused due to negligence

May 21, 2023 1071 Views 0 comment Print

ITAT Delhi declined to condone the inordinate delay of 1005 days in filing of appeal in absence of sufficient cause for delay in filing of the same.

Discounted cash flow is the recognized method as per section 56(2)(viib)

May 21, 2023 2361 Views 0 comment Print

ITAT Delhi held that discounted cash flow method is the recognized method as per section 56(2)(viib) of the Income Tax Act read with rule 11UA of the Income Tax Rules.

Disallowance u/s 36(1)(iii) unsustainable as advance given during normal course of business

May 21, 2023 1806 Views 0 comment Print

ACIT Vs Hotel Ishika (ITAT Raipur) ITAT Raipur held that the interest expenditure corresponding to the advances that was given in the normal course of business could not have been disallowed under section 36(1)(iii) of the Income Tax Act. Facts- Post completion of original assessment, as is discernible from record, the A.O on the basis […]

Amount received as consequence of divorce cannot be held as unexplained cash credit u/s 68

May 21, 2023 723 Views 0 comment Print

ITAT Raipur held that amount received as a consequence of divorce from the ex-husband could not be held as an unexplained cash credit u/s.68 of the Act, and accordingly cannot be brought to tax u/s.115BBE of the Act.

Penalty order passed in the name of death person after death is invalid

May 21, 2023 5517 Views 0 comment Print

ITAT Bangalore held that any proceedings taken against the deceased before his death shall be deemed to have been taken against the legal representative. However, penalty order passed in the name of death person after his death is invalid.

Penalty u/s 271E leviable as reasonable cause for non-complying with section 269T not shown

May 21, 2023 507 Views 0 comment Print

ITAT Raipur held that assessee failed to put forth the reasonable cause because of which provisions of section 269T of the Income Tax Act was not complied. Accordingly, penalty under section 271E of the Income Tax Act leviable.

Mere proving identity of creditor is insufficient, genuineness of transaction is also to be proved

May 21, 2023 651 Views 0 comment Print

ITAT Guwahati held that submission of documents proved the identity of the creditors, however, genuineness of the transactions is not proved. Matter set aside for fresh consideration.

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