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Interest on borrowed funds allowable u/s 36(1)(iii) as funds used wholly and exclusively for business

April 17, 2023 2355 Views 0 comment Print

ITAT Mumbai held that once it is established that the funds are used wholly and exclusively for the purpose of business interest paid on such borrowed funds is allowed u/s. 36(1)(iii) of the Income Tax Act.

Clinical trial expenditure incurred solely for business purpose is allowable

April 17, 2023 921 Views 0 comment Print

ITAT Delhi held that expenditure towards clinical trial incurred solely and exclusively for the business purpose is allowable expenditure.

Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax

April 17, 2023 8193 Views 0 comment Print

DCIT Vs British Agro Products (India) Pvt. Ltd. (ITAT Chennai) Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax : – [DCIT v. British Agro Products (India) Pvt. Ltd. (05.04.2023) ITAT Chennai Chennai ITAT dismisses Revenue’s appeal, holds that cultivation and sale of white button mushrooms is an ‘agricultural activity’ and income derived […]

Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use

April 17, 2023 906 Views 0 comment Print

Marvelore Mining & Allied Industries Pvt. Ltd. Vs ITO (ITAT Surat) Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use: Marvelore Mining & Allied Industries (P.) Ltd. v. ITO – [2023] (Surat-Trib.)  Assessee was a private limited company. It was engaged in the business of Calcium […]

No section 271B penalty if non-audit was due to Bonafide Belief that Accounts need not be Audited

April 17, 2023 2205 Views 0 comment Print

Section 273B of the Act, squarely applies and since assessee has a reasonable cause for not getting books of account audited, he should not be visited by penalty u/s 271B

ITAT deletes penalty on estimated addition for alleged bogus purchases

April 16, 2023 2859 Views 0 comment Print

If sales are not disputed, entire alleged bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed. No penalty under section 271(1)(c) is leviable on estimated additions.

Vague Penalty Notice Invalidates Proceedings under section 271(1)(c)

April 16, 2023 702 Views 0 comment Print

ITAT held that if a Penalty notice is vague then penalty proceedings initiated under section 271(1)(c) on that basis were vitiate

No section 271(1)(c) penalty when Sustainability of Addition is debatable

April 16, 2023 1191 Views 0 comment Print

Manjulata Sahoo Vs PCIT (ITAT Cuttack) It was the submission that against the order of the Tribunal, the assessee has filed appeal before the Hon’ble Jurisdictional High court of Orissa and the Hon’ble Jurisdictional High Court of Orissa was pleased to admit the appeal of the assessee in ITA No.8 of 2021 vide order dated […]

No Addition for deposits in NRE Account by NRI from his foreign income

April 16, 2023 2022 Views 0 comment Print

Shri Duraisamy Shanmugasundaram Vs ITO (ITAT Chennai) As per assessee’s submissions, the money deposited in NRE account was withdrawn by assessee’s parents in India. The same has been sourced to deposit the same in another NRO account from time to time. However, rejecting assessee’s explanation, Ld. AO held that the cash was not re-deposited within […]

Passport needs to be considered to determine Residential Status of Assessee

April 15, 2023 2871 Views 0 comment Print

Narayanan Subramaniam Vs ACIT (ITAT Delhi) Controversy involved is primarily with regard to question if the assessee had non­-residential status for the relevant Assessment Year 2017-18 and the ld AO had held it against the assessee on the basis that his stay for more than 180 days abroad was not supported by any evidence including […]

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