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All ITAT

Addition towards unsecured loans unsustainable as genuineness established

March 6, 2023 2805 Views 0 comment Print

ITAT Ahmedabad held that all necessary details and evidences to establish genuineness of the unsecured loans duly furnished by the assessee, accordingly, addition towards the same unsustainable.

Penalty u/s 271F not leviable as post search there was delay in providing seized documents

March 6, 2023 1962 Views 0 comment Print

ITAT Rajkot held that penalty under section 271F of the Income Tax Act not leviable as post search there was delay in providing seized documents. Further, Checking, cross checking and reconciliation of datas was a very lengthy process is also a reasonable cause for non-furnishing of income tax return.

Applicability of proviso to section 2(15) should be based only on facts & circumstances of each case

March 6, 2023 918 Views 0 comment Print

ITAT Bangalore held that applicability of the proviso to 2(15) of the Act cannot be on the basis of the default of the parties in not participating in the proceedings but should be on the basis of facts and circumstances of each case. Accordingly, matter remanded for fresh consideration.

Payment of lease rent for acquiring mining rights is capital expenditure

March 6, 2023 2136 Views 0 comment Print

ITAT Pune held that lease rent paid for acquiring mining rights is capital in nature and hence deduction against the same is not allowable.

Delay in filing form 10B condoned via circular hence deduction towards application and accumulation of funds allowable

March 6, 2023 18402 Views 0 comment Print

ITAT Bangalore held that delay in filing Form 10B in the relevant period was condoned as per Circular No.10 (F.No.197/55/2018) dated 22.5.2019, accordingly, deduction towards application and accumulation of funds is duly allowable.

Prior to 01.04.2020, capital gain exemption u/s 54 was allowed to be claimed without filing return

March 6, 2023 6120 Views 0 comment Print

ITAT Bangalore held that prior to amendment in section 139(1) of the Income Tax Act effective from 01.04.2020, exemption under section 54, 54B, 54D, 54EC, 54F, 54G, 54GA or 54GB can be claimed even without filing income tax return.

TDS u/s 194C deductible on payments towards bus hire and wharfage charges

March 6, 2023 720 Views 0 comment Print

ITAT Delhi held that TDS under section 194C of the Income Tax Act is deductible on payments made towards bus hire charges and wharfage charges.

Service Tax Penalty Not Deductible as Business Expenditure

March 6, 2023 510 Views 0 comment Print

Payment on account of penalty under service tax is penal in nature and was levied for violation of law, therefore penalty is not admissible

No addition for duly explained Cash Deposits during Demonetization

March 5, 2023 3630 Views 0 comment Print

R. Raju Vs ITO (ITAT Chennai) The assessee has explained cash deposits made during the demonetization period out of amount received from maturity of fixed deposits in SBI and Canara Bank. The assessee had also furnished necessary evidence before the AO and argued that, he had received a sum of Rs. 10,29,337/-towards maturity of insurance […]

No addition of Notional annual rental value on unsold flats held as stock-in-trade

March 5, 2023 1494 Views 0 comment Print

Cosmopolis Constructions Vs ACIT (ITAT Pune) ITAT held that no addition is maintainable on account of deemed rent on unsold flats which were treated as stock-in-trade by the assessee. FULL TEXT OF THE ORDER OF ITAT PUNE This appeal by the assessee against the order dated 04-02-2022 passed by the Commissioner of Income Tax (Appeals)-11, […]

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