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Motor vehicle being a self-propelled vehicle eligible for depreciation @33.40%

May 15, 2023 1476 Views 0 comment Print

ITAT Ahmedabad held that motor vehicles qualify as self-propelled vehicles and accordingly depreciation at the rate of 33.40% available on the same.

Ex-parte order unjustified as revenue failed to carry out primary duty post non-service of notice

May 15, 2023 1935 Views 0 comment Print

ITAT Ahmedabad held that post non-service of notice, revenue failed to carry out its primary responsibility to ascertain whether the company, against which notices were issued, and proceedings under section 148 was contemplated, was existing or not. Accordingly, matter remanded to carry out fresh adjudication.

Same income cannot be taxed in the hands of two persons

May 15, 2023 4470 Views 0 comment Print

ITAT Mumbai held that once whole income i.e. LTCG from sale of joint property purchased is brought to tax in the hands of assessee’s wife and claim is granted by the Coordinate bench, the same income cannot be taxed in the hands of the assessee.

Order passed without adequate reasoning is a non-speaking order

May 15, 2023 1590 Views 0 comment Print

ITAT Hyderabad held that order passed without giving reasons for the conclusions arrived at is a non-speaking order and the same is liable to be set aside.

Reopening of assessment based on mistaken factual premise is unsustainable

May 15, 2023 1503 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 147 of the Income Tax Act based on mistaken factual premise is unsustainable in law.

Reopening of assessment unsustainable as prerequisite for reopening beyond four years not fulfilled

May 14, 2023 2301 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act is unsustainable as prerequisite laid down in law for reopening of the case beyond four years is not found to be fulfilled.

Assessment order passed is not legal as approval u/s 153D was given in mechanical manner

May 14, 2023 2112 Views 0 comment Print

ITAT Delhi held that assessment order passed under section 153A of the Income Tax Act is not legal and liable to be quashed as approval given under section 153D of the Income Tax Act is granted in a mechanical manner and without application of mind.

Addition u/s 69 sustained as no evidence produced to prove source of cash deposit

May 13, 2023 1536 Views 0 comment Print

ITAT Chennai held that addition under section 69 of the Income Tax Act sustained as no corroborative evidence produced to prove the source for the cash deposits during demonetization period.

Section 112(1)(c)(iii) overrides General Capital Gain computation Provisions for non-residents

May 13, 2023 16323 Views 0 comment Print

Legatum Ventures Limited Vs ACIT (ITAT Mumbai) ITAT held that capital gains arising on the sale of unlisted shares by a non-resident has to be computed only by reference to the provisions of Section 112(1)(c)(iii) of the Income Tax Act, 1961 without cognizance to the provisions under Section 48 of the Act. From the perusal […]

No section 271(1)(c) penalty if Notice not contains Specific Charge

May 13, 2023 1272 Views 0 comment Print

M.A. Projects Private Limited Vs ACIT (ITAT Delhi) ITAT  note that the notice is an omnibus notice without specifying the specific charge upon the assessee and in such circumstances, Higher Courts have held that penalty levied is not sustainable. In this regard, we refer to Hon’ble Bombay High Court (Full Bench at Goa) in the […]

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