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Order passed after due application of mind cannot be subjected to proceeding u/s. 263

May 12, 2023 1020 Views 0 comment Print

Shri Keshoraipatan Sahkari Sugar Mills Ltd. Vs PCIT (ITAT Jaipur) We find that the assessment was taken up for scrutiny under CASS to examine the deduction claimed chapter VIA for limited purpose and on this issue, there is finding of the ld. AO in the assessment order. Yet, learned PCIT has subjected the assessment order […]

No penalty on income voluntarily declared in ROI after receipt of section 148 notice

May 12, 2023 13722 Views 0 comment Print

Voluntary Income declared by assessee on its own i.e. without any detection cannot be considered as equivalent to providing inaccurate particulars of income or concealing particulars of Income

Section 271D cannot be imposed after expiry of larger period of limitation

May 12, 2023 5583 Views 0 comment Print

Jagdish Chandra Suwalka Vs JCIT (ITAT Jaipur) ITAT observed that the provisions contained u/s 275(1)(a)are not applicable on the facts of present case for the reason that undisputedly no appeal has been filed against the assessment order passed on 28.12.2017. Therefore, it cannot be said that the relevant assessment or other order was subjected to […]

Subsequent use of land by purchaser not relevant to decide nature of land when it was sold

May 12, 2023 1524 Views 0 comment Print

mere non-disclosure of agricultural income in the return of income does not change the characteristics of land. Subsequent use of land by the purchaser has no connection to decide the nature of land, whether it is an agricultural land.

Tax consultant not followed tax demands – ITAT restores matter to CIT(A)

May 12, 2023 3888 Views 1 comment Print

ITAT noted that tax consultant of assessee has not followed all tax demands and necessary submissions made to Revenue Authorities during pre-covid period i.e. 06.08.2019 to 14.03.2020.

AO cannot treat donation given as Bogus without conducting any inquiry

May 11, 2023 3207 Views 0 comment Print

Ravindra K. Reshamwala Vs DCIT (ITAT Mumbai) It could be seen that the assessee had given donation on 21/06/2004 against valid receipt issued by the Trust. The donation was made through cheque which got cleared from assessee’s bank account. The assessee was issued requisite Form No.58A by the trust. The trust had valid registration at […]

Sales tax subsidy received by assesee from Haryana Govt. is capital receipt

May 11, 2023 552 Views 0 comment Print

Delhi High Court held that sales tax subsidy received by assessee be treated as capital receipt and not be added to income of asseseee.

Disallowance of expense already disallowed by Assessee amounts to double disallowance

May 10, 2023 2352 Views 0 comment Print

Ld. AO has disallowed the provision for sick leave amounting to Rs. 80,51,334/- which has already been disallowed by the assessee in its computation of taxable income. Para 5.15 of CIT(A)’s order at page 17 refers. Therefore, sustenance thereof will amount to double disallowance.

Foreign tax credit against form 67 filed before completion of assessment is duly allowable

May 10, 2023 2811 Views 0 comment Print

ITAT Mumbai held that foreign tax credit duly available even if form no. 67 is filed along with the revised return as the form is filed before the completion of the assessment.

Cost of improvement allowed for purchase of AC, curtains, light fittings while computing capital gains

May 10, 2023 4350 Views 0 comment Print

ITAT Chennai held that deduction towards purchase of air conditioner, furnishing of curtains, light fittings is allowable as cost of improvement while computing capital gains.

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