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Section 271(1)(c) penalty cannot be levied if ITAT deletes quantum addition

April 22, 2023 936 Views 0 comment Print

Since the quantum addition stands deleted by the ITAT in the above order, there remains no basis for levy of penalty under section 271(1)(c)

Warehouse Charges paid without TDS deduction disallowable u/s 40(a)(ia)

April 22, 2023 3414 Views 0 comment Print

ITAT Pune confirms disallowance under Section 40(a)(ia) for failure to deduct TDS on warehouse charges, emphasizing tax compliance in Vandana Dinehkumar Inani Vs ITO case.

60% Depreciation Allowable on Software Licenses

April 22, 2023 1476 Views 0 comment Print

w.e.f. 1.4.1999 computer software been included with computers for rate of depreciation in Rules, entitling assessee to 60% depreciation rate

Section 43B not apply to External Development Charges payable to HUDA

April 22, 2023 795 Views 0 comment Print

Addition u/s 43B on account of External Development Charges (EDC) not paid to HUDA before due date of filing return of income not justified

No Section 271B penalty if provisions of Section 44AB not applicable to assessee

April 22, 2023 1395 Views 0 comment Print

As the turnover of the assessee was less than the prescribed limit fixed for tax audit, provisions of Section 44AB of the Act are not applicable to the assessee. When the provisions of Section 44 AB of the Act are not applicable to the facts of the case, levy of penalty under Section 271B of the Act does not arise.

Share application money is not loan or deposit to levy section 271D penalty

April 22, 2023 678 Views 0 comment Print

Share application money is not loan or deposit and hence not falls u/s 269SS of the Act and penalty u/s 271D cannot be levied.

AO cannot Levy Late Fee under section 234E for period Prior to 01.06.2015

April 21, 2023 1986 Views 0 comment Print

ITAT Hyderabad’s decision exempts Ochre Media Pvt. Ltd. from late filing fees under Section 234E for TDS returns, citing procedural amendments.

Claim of depreciation allowed in initial year cannot be disturbed in subsequent years

April 21, 2023 1161 Views 0 comment Print

ITAT Delhi held that if in the initial year of claim the depreciation, is allowed, the claim cannot be disturbed in the subsequent years.

Addition based on reasons beyond limited scrutiny is unsustainable

April 21, 2023 738 Views 0 comment Print

ITAT Jodhpur held that addition on the basis of reasons not forming limited scrutiny is unsustainable as Assessing Authority cannot exceed the jurisdiction beyond the reasons specified for limited scrutiny.

Payment of interest not made towards any infraction of law is allowable u/s 37

April 21, 2023 606 Views 0 comment Print

ITAT Ahmedabad held that payment of interest towards compromise agreement was not made towards any infraction of law and therefore, the same is allowable under section 37 of the Income Tax Act.

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