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ITAT deletes addition for Cash deposit during demonetization out of Alimony

April 28, 2023 1980 Views 0 comment Print

Deepa Satish Borse Vs  Income Tax Officer (ITAT Pune) ITAT held that once it has come on record that the assessee’s matrimonial matter has already supported her case of having received the impugned sum by way of cash prior to demonetization for maintenance of herself and their sole girl child followed by similar arrangement post […]

Section 80P deduction eligible on Interest from staff welfare fund & staff loan

April 28, 2023 1278 Views 0 comment Print

Interest from staff welfare fund, interest income from staff loan, charges for closing flexi account and fine against non-payment of R/D amount due in time are eligible for deduction u/s 80P(2)(a)(i).

Section 271(1)(c) penalty not Leviable on Deletion of Quantum Addition

April 28, 2023 1434 Views 0 comment Print

In the present case, the very addition in the declared income has been deleted by the Tribunal therefore, there is no foundation to compute the penalty upon the assessee. In view of the deletion of the additions in the quantum appeal, no penalty is imposable upon the assessee.

ITAT allows sales promotion expenses incurred through credit card

April 28, 2023 849 Views 0 comment Print

Binayak Hi-Tech Engineering Ltd. Vs ITO (ITAT Kolkata) The Assessing Officer observed from the evidence furnished by the assessee that during the year, the assessee has incurred sales promotion expenses to the tune of Rs.10,51,242/-. The Assessing Officer noted that these payments were made towards payment of credit card bills of Ms. Priyanka Jhunjhunwala and […]

Section 56(2)(viia) cannot be invoked if Sales Price exceeds FMV

April 27, 2023 1056 Views 0 comment Print

Undisputedly, invoking the provisions of section 56(2)(viia) of the Act, the Assessing Officer has treated the difference between the sale price and FMV of the shares of the assessee as income of the assessee.

Addition of unexplained investment u/s 69B unsustainable as source for excess stock plausibly explained

April 27, 2023 1737 Views 0 comment Print

ITAT Chennai held that when assessee has explained the source for excess stock found during the course of survey, then, income offered towards excess stock cannot be treated as unexplained investment u/s. 69B of the Act.

Compensation paid by builder during redevelopment of flats is capital receipt

April 27, 2023 38799 Views 6 comments Print

ITAT Mumbai held that compensation paid by the builder for facing hardship during redevelopment of flats is in nature of capital receipts and accordingly not liable to tax.

Addition based on third person statement without giving any opportunity to cross examine is untenable

April 27, 2023 5268 Views 0 comment Print

ITAT Kolkata held that addition based on such retracted statement of third person and that too without giving any opportunity of cross examination to the assessee deserves to be deleted.

Reassessing income without any incriminating material found during search is unsustainable

April 27, 2023 705 Views 0 comment Print

ITAT Kolkata held that reassessing income post completion of assessment u/s 143(3) without any incriminating material found and seized during the course of search is unsustainable. Accordingly, addition thereof is liable to be deleted.

Issue considered in order is open for revision if order is erroneous and prejudicial to interest of justice

April 27, 2023 1506 Views 0 comment Print

ITAT Jodhpur held that any issue which was considered by AO in the assessment order and such order is erroneous and prejudicial to the interest of justice, then, such order would be open for revision under section 263 of the Income Tax Act.

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