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All ITAT

Development of skill is not the purpose to fulfilling to section 2(15)

January 12, 2023 864 Views 0 comment Print

J.K. Council for Social Welfare And Information Technology Vs CIT (Exemption) (ITAT Amritsar) Brief fact of the case is that the assessee-society had submitted an application for registration u/s 12A of the Act. The primary object of the assessee is that running and maintaining institutions in rural area, and enhance the poor marginalised youth to […]

SCN mentioning proposed additions U/s. 144B(xvi) is a mandatory requirement

January 12, 2023 5382 Views 0 comment Print

iTAT held that issuance of SCN, mentioning proposed additions under 144B(xvi), is a mandatory requirement and any assessment order passed without issuance of SCN is bad in law.

Section 80P deduction cannot be denied for delay in filing auditors report

January 12, 2023 1875 Views 0 comment Print

ITAT held that when assessee filed return of income well before due date, but due to inadvertence, not filed independent auditor’s report, which it has filed later on, the claim of assessee /- under section 80P(2)(d) of Income-tax Act, 1961, if otherwise admissible, cannot be denied.

Mere Reflection in books of account cannot be reason for non-acceptance of depreciation

January 12, 2023 966 Views 0 comment Print

Pathankot Hindu Urban Co-operative Bank Ltd Vs DCIT (ITAT Amritsar) In this case assessee claimed the loss on diminution value of securities as well as stock. The main grievance of the revenue is that this particular value was not taken in the books of accounts. But factually correct that the circular of the CBDT has […]

ITAT upheld section 234E late fees for delay in filing TDS return

January 12, 2023 2169 Views 0 comment Print

ITAT held that appellant having deducted the tax has obligation to file TDS statements within prescribed time limit which she failed to fulfil by filing the statement with delay. Therefore, late fee u/s 234E is justified for delayed period.

Assessee (Senior Citizen not conversant with digital communication) should not suffer for fault of authorised representative

January 12, 2023 513 Views 0 comment Print

ITAT held that on account of the fault of authorised representative / chartered accountant / advocate of assessee, the assessee should not be made to suffer and more particularly, when the assessee happened to be a senior citizen and is not conversant with the digital communication.

Disallowance of marketing and survey expenses unsustainable as identity of party is proved

January 11, 2023 1005 Views 0 comment Print

ITAT Jaipur held that disallowance of marketing and survey expenditure merely because of non-production of the concerned party whose identity is proved is unsustainable in law.

Legal sale of gold using prohibited currency/ SBNs not permissible

January 11, 2023 1974 Views 0 comment Print

ITAT Hyderabad held that no legal sale of gold can be made with the use of either prohibited currency or prohibited Specified Bank Notes (SBNs)

Sale of software products/licenses is not royalty and hence not taxable

January 11, 2023 6546 Views 0 comment Print

ITAT Delhi held that payment received from sale of software products/ licenses doesn’t fall in the nature of royalty as per Article 12(3) and as per section 9(1)(vi) and hence the same is not taxable in India.

No addition towards notional rent as residential asset held as stock-in-trade

January 11, 2023 1581 Views 0 comment Print

ITAT Pune held that addition of notional rental not sustainable as the residential assets held in stock-in-trade.

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