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All ITAT

Section 263 cannot be Invoked if AO Adopted One of Two Plausible Views

May 3, 2023 957 Views 0 comment Print

ITAT held that when two views are legally possible and Assessing Officer adopts one view the Assessment Order cannot be said to be erroneous for CIT to invoke jurisdiction u/s. 263

Appeal Filing delay cannot be condoned if Cause not supported by evidence

May 3, 2023 1074 Views 0 comment Print

Assessee has made a vague claim of medical reasons without any supporting evidences to justify his stand that he was suffering from ill-health and Doctors advised him to take rest.

Section 148 notice without Higher Authority Approval is invalid

May 3, 2023 2517 Views 0 comment Print

Before issuance of notice under Section 148 of the Act, approval of the higher authorities is a mandatory statutory requirement.

Interest on deposits cannot be treated as business Income for Section 44AD

May 3, 2023 2997 Views 0 comment Print

Assessee cannot include interest received on deposits as business receipts and estimate net profit under section 44AD on such interest income

ITAT grants Opportunity to Appellant, an illiterate farmer to Present his case before AO

May 3, 2023 963 Views 0 comment Print

Assessee is an illiterate farmer and claims that he was not properly presented in assessment and appellate proceedings. Moreover, assessee claims that he was misguided by consultant

No penalty for disallowance due to dispute on nature of expenses

May 3, 2023 1098 Views 0 comment Print

Read about Ansal Properties vs ACIT (ITAT Delhi) case. Penalty not sustainable on QIP and 80-IB disallowance. Full text of ITAT Delhi order

Forfeiture of Earnest Money Deposit is allowable Expenditure

May 3, 2023 1404 Views 0 comment Print

Assessee tried to recover forfeited money and when all efforts to recover forfeited money went in vain the same been claimed as expenditure

Addition u/s 68 beyond jurisdiction if amount already declared as turnover

May 2, 2023 4809 Views 0 comment Print

ITAT Amritsar held that addition under section 68 of the Income Tax Act is beyond jurisdiction as the amount is already declared as turnover and the said turnover is reflected in the books of account.

Registration under 12AA granted as activities carried are not in nature of trade, commerce or business

May 2, 2023 1014 Views 0 comment Print

ITAT Jaipur held that as the activities carried out by the appellant (Rajasthan Para-Medical Council) are not in the nature of trade, commerce or business, hence registration under section 12AA should be granted.

Delayed payment of employee’s contribution to PF & ESI adjustable u/s 143(1)

May 2, 2023 3915 Views 0 comment Print

ITAT Mumbai held that payment of employee’s contribution to PF & ESI beyond the due dates is not allowable as deduction. Accordingly, the same is an incorrect claim and therefore it falls within the scope of prima facie adjustment u/s 143(1) of the Income Tax Act.

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