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Case Law on Filing of Return in Response to Notice under section 148

April 13, 2023 14526 Views 0 comment Print

Explore the case law of ITO vs. Shri R.K. Gupta (ITAT Delhi) regarding filing returns in response to notice under section 148. Understand the importance of proper compliance with the notice for reassessment.

Disallowance for non-deduction of TDS of RPC fee unsustainable in terms of second proviso to section 40(a)(i)

April 13, 2023 1086 Views 0 comment Print

ITAT Delhi held that no part of the RPC fee is liable to be disallowed in terms of clause (i) of s. 40(a) because the second proviso clause (i) of Section 40(a) being curative and declaratory in nature has to be given retrospective effect.

Addition of cash deposits unsustainable if reasonable & plausible explanation given

April 13, 2023 1734 Views 0 comment Print

ITAT Pune held that addition on account of cash deposits unsustainable as reasonable and plausible explanation given by the assessee.

Addition of rental income as undisclosed income merely because of wrong deduction of TDS unjustified

April 13, 2023 1053 Views 0 comment Print

ITAT Delhi held that addition of rental income as undisclosed merely because tenant as wrongly deducted TDS u/s. 194J is unsustainable as landlord cannot be blamed for wrong deduction of TDS.

Revision jurisdiction u/s 263 on mere conjectures, suspicions & surmises not permissible

April 13, 2023 843 Views 0 comment Print

ITAT Mumbai held that plausible view of AO cannot be held as erroneous by ld. CIT(E) without conducting necessary enquiries or verification. Accordingly, initiated of revision jurisdiction u/s 263 on mere conjectures, suspicions and surmises, which is not permitted.

Section 269SS not apply when explanation given constitutes reasonable cause

April 13, 2023 4722 Views 0 comment Print

ITAT Bangalore held that provisions of section 269SS of the Income Tax Act cannot be applied when explanation given by the assesse constitutes a reasonable cause. Accordingly, concluded that bonafide business transaction cannot be considered for levying the penalty u/s 271D of the Act.

Expenditure towards CSR disallowed u/s 37 of Income Tax Act

April 13, 2023 4047 Views 0 comment Print

ITAT Mumbai held that expenditure incurred towards Corporate Social Responsibility are specifically disallowed as per explanation 2 to Section 37(1) of the Income Tax Act.

Assessee entitled to claim depreciation on goodwill

April 13, 2023 1551 Views 0 comment Print

Value of goodwill is amount paid over & above tangible assets and values assigned to other intangible assets – Depreciation allowed

No penalty on income disclosed in revised After receipt of Reassessment Notice

April 12, 2023 4842 Views 0 comment Print

Pankajkumar Babulal Tiwari Vs ACIT (ITAT Amhadabad) Asessee under the bona fide belief not offered income on receipt from LIC in original return however rectified the same while filing the return under section 148 of the Act. The assessee also paid due tax on such receipt even before issuance of notice under section 148 of […]

Appeal before ITAT having tax effect of less than Rs.50 lakh have to be treated as withdrawn

April 12, 2023 3822 Views 0 comment Print

ITO Vs Sk. Sahanewaj Ali (ITAT Kolkata) CBDT had modified Circular No. 3 of 2018 dt. 11/07/2018. Further, the CBDT in its circular F. No. 279/Misc./M-93/2018-ITJ, dt. 20/08/2019, has clarified that the revised monetary limits, so mentioned in Circular No. 17/2019 is applicable to all pending appeals. As per these circulars all the revenue appeals […]

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