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All ITAT

Deduction of surcharge or cess not allowable as deduction u/s 40(a)(ii)

January 18, 2023 939 Views 0 comment Print

ITAT Pune held that surcharge or cess being part of income tax is not allowable as deduction under section 40(a)(ii) of the Income Tax Act.

Section 80P deduction cannot be denied for non-filing of return within due date for AY 2019-20

January 18, 2023 10032 Views 1 comment Print

Medi Seva Sahakari Mandali Ltd Vs ADIT (ITAT Rajkot) Held by the Rajkot Bench of the Income Tax Appellate Tribunal in the case of [2023] 146 taxmann.com 3 (Rajkot – Trib.) Medi Seva Sahakari Mandali Ltd. V ADIT (CPC) that deduction u/s 80P could not be denied only on the basis that assessee did not […]

Income from Restaurant Business can be declared on Presumptive Basis – Section 44AD

January 18, 2023 6915 Views 0 comment Print

Hotel Deepak Vs ACIT (ITAT Mumbai) The brief facts are that the assessee firm is engaged in the restaurant business. Pursuant to the survey action u/s.133A of the Act conducted in the business premises of the assessee dated 22.01.2018, the partner of the assessee firm Shri Chandrakant Ramanna Shetty made a voluntary declaration of Rs.26,27,872/- […]

No section 40(A)(Ia) disallowance for purchase if TDS not deductible on such purchase

January 18, 2023 609 Views 0 comment Print

Once no TDS is liable to be deducted on these purchases, no disallowance under section 40 (a)(ia) of the I.T. Act can be attracted. Hence, we delete this addition.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1218 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

Addition of difference of share valued and valuation as per IT rules sustained as onus of proof not discharged

January 17, 2023 888 Views 0 comment Print

ITAT Delhi held that addition of difference between the share valued by the company and value determined as per IT Rules sustained as the assessee failed to discharge his onus of proof.

Counter guarantee with negligible risks cannot be compared with guarantee with high risk 

January 17, 2023 849 Views 0 comment Print

ITAT Delhi held that adoption of Comparable Uncontrolled Price (CUP) method for determining Arm’s Length Price (ALP) of the international transaction is unjustified.

TPO order passed beyond time limit prescribed u/s 92CA (3A) is barred by limitation

January 17, 2023 3807 Views 0 comment Print

ITAT Mumbai held that as per section 92CA (3A) of the Income Tax Act Transfer Pricing Officer (TPO) is required to pass an order within a period of 60 days prior to the date of completion of assessment as per section 153 of the Income Tax Act. Order passed after the date will be barred by limitation.

Capital gain exemption u/s 54 not deniable as investment made within time limit specified u/s 139(4)

January 17, 2023 4050 Views 0 comment Print

ITAT Mumbai held that capital gain exemption under section 54 of the Income Tax Act cannot be denied as investment was made within the time limit specified under section 139(4) of the Income Tax Act.

Disallowance of job work expense without culpable evidence is unsustainable in law

January 16, 2023 699 Views 0 comment Print

ITAT Delhi held that disallowance of job work expenses in absence of any culpable evidence, merely on the standalone base of non-compliance of summons served u/s 131 of the Income Tax Act, is unsustainable in law.

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