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All ITAT

Non-deduction of TDS/ reversal of TDS on interest payment based on Form 15G/15H justified

April 29, 2023 7167 Views 0 comment Print

ITAT Chennai held that non-deduction of TDS and reversal of TDS deduction on interest payment on the basis of declaration in Form No. 15G/ 15H is justifiable.

ITAT dismisses Appeal as tax effect was Below Rs. 50 Lakhs

April 29, 2023 2808 Views 0 comment Print

Ld. Sr. DR had raised an objection stating that issues relating to the ground of appeal taken in the present case falls under the exception clause contained in the said CBDT circular and, therefore, has to be heard on merit. To this effect, a report was called from the Ld. AO to make a submission as to how the present appeal is covered under the exception clause contained in the CBDT circular.

ITAT directs AO to estimate Income from business of purchase & sale of Fish at 4%

April 29, 2023 2211 Views 0 comment Print

No addition could be made to an undisclosed contract receipt from the business of purchase and sale of fish as to some extent, the uniform rate of 8% available in Section 44AD applicable on some contractor was not to be applied on every time on every type of business. AO was directed to take an estimated income at 4% and credit of income disclosed by assessee was to be given

Provision for Standard Assets allowable under Section 36(1)(viia) of Income Tax Act

April 28, 2023 14100 Views 0 comment Print

ACIT Vs Jila Sahakari Kendriya Bank (ITAT Indore) Provision for Standard Assets Allowable under Section 36(1)(viia) of Income Tax Act, 1961

Disallowance of interest on partner’s loan unjustified as partnership deed specifies entitlement of interest

April 28, 2023 4257 Views 0 comment Print

ITAT Delhi held that as per partnership deep, partners shall be entitled to interest on their loan accounts with the firm at the prescribed rates, hence disallowance of the same is unjustified.

Due to suo motu disallowance, additional disallowance on travel and foreign travel expenses unjustified

April 28, 2023 957 Views 0 comment Print

ITAT Mumbai held that based on suo motu disallowance, additional disallowance on travel expenses and foreign travel expenses unjustified.

ITAT Mumbai upheld Addition towards PF/ESI in 143(1) proceedings

April 28, 2023 1509 Views 0 comment Print

ITAT held that if there is any incorrect claim apparent from any information in the return, then adjustment is permissible. Here in this case, once the claim of deduction as per the law in not allowable, same can be disallowed in the intimation u/s 143(1).

Valuation of closing stock at realization value considering rust stock – ITAT remands matter back to AO

April 28, 2023 2250 Views 0 comment Print

GK Steel & Wire Products Vs ITO (ITAT Delhi) The main contention of the assessee is that the value of the opening stock of the assessee has gone down resulting in gross loss of Rs.25,32,724/-. The ld. Counsel submits that this is because due to rust stock and the sales realization was lower than the […]

Deemed dividend addition cannot be made in the hands of payer of loan

April 28, 2023 726 Views 0 comment Print

Assessee is not a recipient but payer of loan. Hence, as per provisions of Section 2(22)(e) of Income Tax Act, assessee was not liable to tax

Cost of improvement & indexation cannot be claimed without evidence to prove construction

April 28, 2023 26406 Views 0 comment Print

Assessees could not claim cost of improvement and indexation cost as assessee had to furnish some evidence and in the absence of any evidence or information, the information contained in the registered sale deed was required to be accepted.

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