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All ITAT

Expenditure incurred between setting up & commencement of business is duly allowable

April 24, 2023 2151 Views 0 comment Print

ITAT Delhi held that that expenditure incurred between setting up and commencement of business could not have been capitalized and was to be allowed as business expenditure.

Principle of fraud applies on failure to establish why shops were sold at loss to partners

April 24, 2023 837 Views 0 comment Print

ITAT Pune held that as the assessee failed to establish why the shops were sold at loss to the partners and interest persons, principle of fraud squarely gets applicable. Accordingly, disallowance of loss duly justified.

Rs. 20000 Limit under section 269SS & 269T is person wise

April 23, 2023 4443 Views 0 comment Print

ITAT Jaipur rules in favor of Shri Deepak Mata, deleting penalties under Sections 271E and 271D for loan transactions below Rs.20,000 threshold.

ITAT restores matter to CIT(E) as his order was non-speaking order

April 23, 2023 1002 Views 0 comment Print

CIT(E)’s order is also a non-speaking one to this extent we deem it appropriate to restore the assessee’s substantive grievance back to the very authority for appropriate adjudication as per law

No Denial of FTC for non-filing of Form No. 67

April 23, 2023 1200 Views 0 comment Print

Filing of Form No. 67 under Rules 128 of Income Tax Rules is a procedural requirement, therefore, is a directory in nature, non-compliance thereof does not disentitled assessee in claiming Foreign Tax Credit (FTC)

Depreciation allowed in initial years, cannot be disturbed in subsequent years

April 23, 2023 678 Views 0 comment Print

If in the initial year of claim the depreciation, is allowed, the claim cannot be disturbed in the subsequent years

Section 54B exemption eligible on Agricultural Property purchased against Advance of Agricultural Property Sale

April 23, 2023 1257 Views 0 comment Print

Assessee should be allowed benefit of deduction under section 54B of Act since purchase in new property has been made out of advances received towards sale of agricultural properties held by assessee.

ITAT condoned delay due to Dire Financial Stress & Difficulties – Remanded matter back to CIT(A)

April 23, 2023 432 Views 0 comment Print

ITAT Chennai rules in favor of First STP Pvt. Ltd., restoring matters to CIT(A) and AO for fresh adjudication due to missed opportunities and severe stress.

Section 143(3) order invalid if Passed without Issuing Section 143(2) notice

April 23, 2023 3756 Views 0 comment Print

ITAT held that assessment order is bad in law as assessing authority passed order u/s 143(3) without issuing mandatory notice u/s 143(2)

Penalty Notice without Striking Off Irrelevant Limb is defective notice

April 23, 2023 1461 Views 0 comment Print

Assessee must be informed of grounds of penalty proceedings through statutory notice and an omnibus notice suffers from vice of vagueness

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