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All ITAT

Manual order without containing DIN is invalid & deemed as if never been issued

February 22, 2023 2613 Views 0 comment Print

ITAT Bangalore held that assessment order issued manually without containing Document Identification Number (DIN) as per CBDT Circular No. 19/2019 dated 14.08.2019 is invalid and deemed to have never been issued.

Penalty u/s 271D sustainable for contravention of provisions of section 269SS

February 22, 2023 7011 Views 0 comment Print

ITAT Chennai held that amount of Rs. 14 Lakhs received in cash for sale of immovable property is against the provisions of section 269SS of the Income Tax Act. Accordingly penalty under section 271D imposable.

Assessee cannot claim Section 54F exemption based on unregistered Banakhat agreement

February 22, 2023 3189 Views 0 comment Print

ITAT held that, transfer of property only takes place when either possession of property is transferred or sale deed is executed and documents like unregistered ‘Banakhat’ or power of attorney are not substitute of sale deed.

Catalyst used as consumables is allowable revenue expenditure

February 21, 2023 912 Views 0 comment Print

ITAT Mumbai held that catalyst expenditure merely used as consumables is revenue expenditure. Accordingly, the same is allowable as deduction.

Donations by conversion of loans into donations allowable as deduction u/s 80G

February 21, 2023 1998 Views 0 comment Print

ITAT Chennai held that donations paid by conversion of loans into donations comes under the nature of donations paid in cash and hence entitled for deduction under section 80G of the Income Tax Act.

Addition of difference in stock & valuation report without credible evidence is unsustainable

February 21, 2023 1788 Views 0 comment Print

ITAT Mumbai held that addition on account of difference in stock as per books and valuation report merely on the basis of statement recorded during survey without credible evidence is unsustainable in law.

Profit/ loss on sale of land held as stock-in-trade is assessable under Income from business or profession

February 21, 2023 3888 Views 0 comment Print

ITAT Chennai held that profit or loss derived from sale of land held as stock-in-trade is assessable under the head income from business or profession and not under capital gains.

Disallowance u/s 40(ia) for non-deduction on social security contribution to expat employees unsustainable

February 21, 2023 846 Views 0 comment Print

ITAT Delhi held that social security contribution doesnt constitute income from salary in the hands of expatriate employees. Hence disallowance u/s 40(ia) for non-deduction of TDS on the same is unsustainable in law.

Deduction u/s 43B is allowable in case of interest paid on customs duty

February 21, 2023 4350 Views 0 comment Print

ITAT Pune held that interest paid on customs duty is allowable as deduction under section 43B of the Income Tax Act 1961.

Unexplained cash expense addition unsustainable as cash book and cash receipts not doubted

February 20, 2023 960 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash unsustainable as cash expenses duly incorporated in books of accounts and cash book as well as cash receipts not doubted by the authority.

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