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Disallowance without verifying the submitted details is unsustainable

January 21, 2023 1086 Views 0 comment Print

ITAT Bangalore held that disallowance merely considering the provisions of section 144C(8) of the Income Tax Act without verification of details furnished by the assessee is unsustainable in law.

Expenditure towards scholarship to a student not associated with company not allowable

January 21, 2023 1662 Views 0 comment Print

ITAT Delhi held that the scholarship to a student who was neither an employee nor associated with the company for any commercial or business purpose doesn’t satisfy the provisions of section 36 and section 37 and hence not allowable as deduction.

Addition merely based on confession during search is unsustainable

January 21, 2023 2565 Views 0 comment Print

ITAT Mumbai held that addition merely on the basis of confession during the course of search operation without supporting evidence is unsustainable in law.

Penalty u/s 271E mandatory due to repayment of loan in cash in excess of Rs. 20,000

January 21, 2023 1275 Views 0 comment Print

ITAT Delhi held that penalty u/s 271E of the Income Tax Act leviable on account of repayment of loan in cash in excess of Rs. 20,000 vis-à-vis failure of assessee to prove that such payment is covered by exceptional circumstances covered under section 269T.

Expenditure towards currency swap contract is allowable as deduction u/s 36(1)(iii)

January 21, 2023 1164 Views 0 comment Print

ITAT Delhi held that transactions relating to currency swap contracts cannot be considered to be in the nature of speculative transaction covered u/s. 43(5) of the Act. Accordingly, the same is allowable as deduction u/s. 36(1)(iii) of the Act.

Section 80P(2)(d) deduction eligible to co-op society on Interest income on investment of fund with co-op banks

January 20, 2023 21738 Views 0 comment Print

Interest income earned by a co-op society on its investment held with co­operative bank would be eligible for section 80P(2)(d) deduction

Section 263 order passed without DIN is invalid & deemed to never been issued

January 20, 2023 1836 Views 0 comment Print

Order passed u/s.263 is invalid and shall be deemed to have never been issued if it does not contain the DIN

Income from property held as stock would be income from business

January 20, 2023 5067 Views 0 comment Print

If property is used as stock in trade then such property would become or partake the character of stock and any income from stock would be income from business and not income from property.

TP Adjustment should be restricted to AEs Transactions

January 20, 2023 1533 Views 0 comment Print

Toyota Kirloskar Motor (P) Ltd Vs ACIT (ITAT Bangalore) The Appellant submits the in its own case for AY 2003-04, the Honourable Bangalore Tribunal has accepted that TP adjustment has to restricted to AE transactions. Further, in Appellants own case for AY 2013-14 [ITA No.2016/Bang/2018, dated 18.08.2021], the Honourable Bangalore Tribunal has upheld the action […]

Wrong mention of TAN in TDS deposit challan – ITAT allows relief

January 20, 2023 1692 Views 0 comment Print

ITAT reversed the demand under Section 200A attributable to merely wrong mention of TAN in the TDS deposit challan

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