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Land Purchased but Agreement Not Registered: Section 11(1) Exemption eligibility- Professed vs. Real Intention

May 27, 2024 621 Views 0 comment Print

Read the detailed order by ITAT Bangalore regarding Samaja Seva Mandali vs. ITO. Assessing real intentions of trust in land purchase for school building construction.

Section 41(1) cannot be invoked without liability in books: ITAT Kolkata

May 27, 2024 519 Views 0 comment Print

Dive into the detailed analysis of Syama Prasad Mookerjee Port’s case against DCIT at ITAT Kolkata regarding Section 41(1) of the Income Tax Act. Understand why cessation of trading liability cannot be invoked without liability in books.

ITAT Deletes Section 271DA Penalty: Bonafide Mistake in New Legislation

May 27, 2024 690 Views 0 comment Print

ITAT Delhi rules no penalty for All Fresh Supply Management Pvt. Ltd. under Section 271DA, acknowledging no intent to evade tax. Read the full judgment here.

Additions solely based on undated, unsigned & unrelated loose papers not justified

May 27, 2024 630 Views 0 comment Print

Discover how the ITAT Delhi deleted the addition u/s 69 in Vipul Gupta vs DCIT, highlighting the significance of evidence and agreements in tax assessments.

Section 144C(13): AO Must Finalize Assessment within one month from the month of DRP’s Directions

May 27, 2024 1044 Views 0 comment Print

Learn about the Chennai ITAT ruling in Conferencecall Services India Pvt. Ltd. vs. DCIT, where a final assessment made after one month of DRP directions was declared time-barred.

No Section 68 Addition for Explained Cash Deposits in Lender Bank Account

May 27, 2024 2382 Views 0 comment Print

Devki Nandan Maheshwari vs ACIT (ITAT Delhi) case: Exploring how cash deposits in lender’s bank account were accepted as explained sources, justifying an unsecured loan under Section 68 of Income Tax Act.

Violation of Section 269SS: Section 271D penalty Applies, Not Section 68 addition

May 26, 2024 2610 Views 0 comment Print

Section 54F amendment restricting exemption to one residential house was prospective, applying only from April 1, 2015 and Violation of section 269SS of the IT Act, if any, would call for a separate penalty under section 271D, not an addition under section 68.

Section 54 deduction should be Reckoned from Date of Possession Handover by Builder

May 26, 2024 7989 Views 0 comment Print

In Sunil Amritlal Shah vs ITO, ITAT Mumbai ruled on Sec.54 deduction, stating possession date as relevant for under-construction property. Read the full analysis.

Section 40(a)(ia) Disallowance Unjustified if AO failed to Establish Section 194C Applicability

May 25, 2024 3528 Views 0 comment Print

Assessing Officer has nowhere determined as to how Section 194C is applicable on payments made by assessee. Unless a charge is being determined, disallowance under section 40(a)(ia) cannot be made.

Improper service of Section 148 notice renders assessment order invalid

May 25, 2024 6117 Views 0 comment Print

ITAT concluded that the service of notice under Section 148 was improper and did not meet statutory requirements. Consequently, the reopening of the assessment was deemed invalid, and the assessment order was quashed as void ab initio.

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