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Revisional Jurisdiction not Invokable If AO took one of Possible Views

April 15, 2023 513 Views 0 comment Print

Assessment order cannot be termed as erroneous and prejudicial to interests of revenue if AO has taken one of possible views of matter.

Reassessment based on Incorrect Facts is Invalid

April 15, 2023 1461 Views 0 comment Print

Bhaveshbhai Manilal Patel Vs ITO (ITAT Ahmedabad) In this case by Information noted by the AO of cash deposits of Rs.10.00 lakhs in the bank account of the assessee leading to belief of escapement of income, has been duly demonstrated before me to be incorrect. The actual cash deposits were only to the tune of […]

Penalty u/s 271(1)(c) not leviable as tax was payable on book profits u/s 115JB

April 14, 2023 741 Views 0 comment Print

ITAT Delhi held that penalty u/s 271(1)(c) of the Income Tax Act alleging inaccurate particulars not leviable as assessee was subjected to tax on book profits u/s 115JB.

Deduction u/s 11 not deniable merely on the basis of technicalities

April 14, 2023 753 Views 0 comment Print

ITAT Delhi held that eligible deduction under section 11 of the Income Tax Act cannot be denied merely on the basis of technicalities.

TDS u/s 194J not deductible on payment to contract teachers

April 14, 2023 6906 Views 0 comment Print

ITAT Hyderabad held that payment to contract teachers doesn’t qualify as ‘fee for professional services’ and accordingly TDS under section 194J of the Income Tax Act not deductible.

Penalty order u/s 271(1)(c) issued without striking off irrelevant limb is liable to be deleted

April 14, 2023 2976 Views 0 comment Print

ITAT Mumbai deleted penalty under section 271(1)(c) of the Income Tax Act as penalty order was issued without striking off the irrelevant limb/ inapplicable words.

Rectification u/s 154 of non-inclusion of surrendered income in book profits u/s 115JB not amenable

April 14, 2023 333 Views 0 comment Print

Held that the non-inclusion of surrendered income in the Book Profits of the assessee as per section 115JB of the Act, was not a patent error amenable to rectification u/s 154 of the Income Tax Act.

Section 292BB doesn’t cure complete absence of notice it cures only manner of service of notice

April 14, 2023 1077 Views 0 comment Print

ITAT Delhi held that provisions of section 292BB of the Income tax Act doesn’t cure complete absence of notice. Section seeks to cure only the manner of service of notice.

Sub-letting rental income taxable under ‘income from other sources’

April 14, 2023 12324 Views 0 comment Print

ITAT Visakhapatnam held that rent received from sub-letting the property is taxable under the head ‘income from other sources’ and not under the head ‘income from house property’.

Addition under section 41(1) cannot be made Adhoc or on Estimate’s

April 14, 2023 1473 Views 0 comment Print

JCIT (OSD) Vs Yashmaan Pathak (ITAT Mumabi) No scope of  adhoc or estimated addition u/s. 41(1) &  the entire conditions precedent for invoking section 41(1) has to be fulfilled. Assessee has filed his return of income   and the  AO during scrutiny issued show cause notice to the   assessee to file details and confirmation of the […]

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