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Penalty quashed as AO not specified under which limb he intended to impose Penalty

May 16, 2023 531 Views 0 comment Print

ITAT Delhi deletes penalties imposed under section 271(1)(c) for concealment of income/filing inaccurate particulars in Babita Khurana vs DCIT case. Detailed analysis and ruling provided.

Section 271B Penalty – ITAT restores matter to CIT(A)

May 16, 2023 534 Views 0 comment Print

Shri Palabathuni Chandra Ravi Vs ITO (ITAT Hyderabad) Facts of the case, in brief, are that the assessee is an individual and filed his return of income electronically on 21.1.2018 declaring total income at Rs.6,21,210/-. During the course of assessment proceedings, it was noticed by the Assessing Officer that the assessee deposited a total of […]

Deduction u/s 80IA available as cost of imported power is charged before computing eligible deduction

May 16, 2023 366 Views 0 comment Print

ITAT Chennai held that disallowance of deduction u/s 80IA of the Income Tax Act unsustainable as cost of power imported is charged before computing income eligible for deduction u/s 80IA.

Violation of procedural norm does not extinguish substantive right of claiming Foreign Tax credit

May 16, 2023 822 Views 0 comment Print

Sri. Sandeep Patwari Vs DCIT (ITAT Bangalore) Violation of procedural norm does not extinguish substantive right of claiming Foreign Tax credit (FTC) Assessee received 143(1) intimation wherein the foreign tax credit (FTC) of Rs.14,02,442 was not granted. Rectification application filed u/s 154 too did not allow the claim of the assessee. CIT(A) confirmed the 154 […]

Section 153A cannot be invoked if escaped income is not represented “in the form of asset”

May 16, 2023 2088 Views 0 comment Print

AO not shown that alleged income escaped for assessment is represented in the form of an asset. What is assessed in this year u/s 153A of the Act is the addition towards alleged bogus purchases and disallowance of salary/professional fee u/s 37 of the Act.

Section 80P(2)(a)(i) deduction eligible on Interest Income of Co-op Credit Societies from nationalised bank

May 16, 2023 11532 Views 1 comment Print

Tirumala Tirupati Devasthanams Employees Co Op. Credit Society Vs ITO (ITAT Hyderabad) In the case on hand, undisputedly, the interest arose on the credit balances with reference to the regular course of business of the assessee. On this aspect, the Hon’ble jurisdiction High Court in Vavveru Co-operative Rural Bank Ltd. (supra), held that, if the […]

Section 35(1)(ii) donation allowed as registration of Institute was valid on donation date

May 15, 2023 2688 Views 0 comment Print

Ravindra K Reshamwala Vs DCIT (ITAT Mumbai) ITAT Mumbai held in favour of assessee with a reason that on the date of giving donation, the registration of the institute was valid u/s 35(1)(ii) granting approval. So deduction for donation can not be disallowed. FULL TEXT OF THE ORDER OF ITAT MUMBAI This appeal filed by […]

Reassessment proceedings unsustainable as full and true material facts provided

May 15, 2023 807 Views 0 comment Print

ITAT Mumbai held that re-assessment under section 147 of the Income Tax Act not sustainable as assessee duly provided full and true material facts necessary for the assessment.

Assessment u/s 153C beyond six assessment year is without jurisdiction

May 15, 2023 681 Views 0 comment Print

ITAT Mumbai held that the assessment made u/s 153C of the Income Tax Act beyond the six assessment year is without jurisdiction and liable to be quashed.

TDS not deductible by Uber India for payment made to driver partners under Uber App

May 15, 2023 2814 Views 0 comment Print

ITAT Mumbai held that TDS not deductible by Uber India in respect of payment made to driver partners on behalf of Uber BV for the transportation services.

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