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Benefit u/s 54B not deniable on fact that property was valued as non-agricultural land for stamp paper

February 18, 2023 3606 Views 0 comment Print

Vipin Kumar Vs ITO (ITAT Delhi) ITAT Delhi held that benefit under section 54B of the Income Tax Act cannot be denied on mere fact that property was valued by the registered authority as a non-agricultural land for the purpose of stamp paper. Facts- The AIR information from sub registrar, Hapur Second in the case […]

Repair and renovation of asset is allowable as revenue expenditure

February 18, 2023 8031 Views 0 comment Print

ITAT Pune held that expenditure incurred on repairs and renovation of the asset is revenue expenditure as no new asset has been created.

Donation to veda pathashalas, veda pundits, medical assistance etc are charitable activities

February 17, 2023 2034 Views 0 comment Print

ITAT Bangalore held that donation to veda pathashalas, veda pundits, medical assistance etc demonstrates the charitable activities carried on by the Trust. Accordingly, registration u/s 12A as charitable trust and approval u/s 80G granted.

Invocation of revisional jurisdiction u/s 263 on mere conjectures, suspicions and surmises, is impermissible

February 17, 2023 879 Views 0 comment Print

ITAT Mumbai held that initiated revision jurisdiction under section 263 of the Income Tax Act on mere conjectures, suspicions and surmises, is not permissible in law.

Start-up company incurring cost for branding prior to product launch is allowable expenditure

February 17, 2023 699 Views 0 comment Print

ITAT Mumbai held that a start-up company incurring cost for branding of the company and other relevant expenditure which creates popularity which helps promotion of contents at the time of its product launch is allowable expenditure.

TCS credit should be given to person to whom income is assessed to tax

February 17, 2023 2439 Views 0 comment Print

ITAT Bangalore held that credit of TCS should be given to the assessee which is finally and lawfully assessed to tax in respect of the corresponding income on which TCS has been collected irrespective of person in whose name TCS certificate is issued.

Non-compliance with communication u/s 143(1)(A) on account of technical glitches in IT portal justified

February 17, 2023 978 Views 0 comment Print

ITAT Pune held that non-compliance with communication under Section 143(1)(A) of Income Tax Act 1961 due to IT-Website technical glitches was unintentional and beyond the control of appellant. Accordingly, exemption in the evince of Form No 10B duly available.

Carry forward of unadjusted VAT TDS to GST is duly available

February 17, 2023 966 Views 0 comment Print

Madras High Court held that it is well settled now that carry forward of unadjusted VAT TDS (TNVAT Act) to GST is duly allowed in terms of Section 140 of the TNGST Act, 2017.

AO cannot disturb assessment which has attained finality except if contrary material found during search

February 17, 2023 681 Views 0 comment Print

ITAT Chandigarh held that AO not empowered to disturb the assessment order/ reassessment order which has attained finality, unless contrary material gathered in the course of proceedings u/s 153A of the Income Tax Act.

Section 292C being a deeming provision cannot be applied mechanically

February 17, 2023 1746 Views 0 comment Print

ITAT Delhi held that provisions of section 292C of the Income Tax Act is only a deeming provision and the deeming provision cannot be applied mechanically, ignoring the facts of the case and surrounding circumstances.

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