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All ITAT

Order passed without opportunity to AO to ascertain correct fact is liable to be set aside

January 9, 2023 654 Views 0 comment Print

ITAT Jaipur set aside the CIT(A) order as the same being non-speaking and cryptic order which is passed against the principles of natural justice as opportunity to the AO to ascertain the correct fact was not granted.

No deduction u/s 37(1) for expenses incurred by doctor on organizing musical programme, sponsoring garba event and gifts to fellow doctors

January 9, 2023 1311 Views 0 comment Print

Expenses incurred by assessee-doctor on organizing musical programme for his professional colleagues, sponsoring garba event organized in the society where he resided and gifts given to fellow doctors on the occasion of marriage or diwali could not be said to be allowable under section 37 for computing his taxable income as all these expenses, could not be said to have been incurred wholly and exclusively for the profession of the assessee so as to qualify for deduction u/s 37(1).

Lease rent for vehicle used by employees is revenue in nature

January 8, 2023 5538 Views 0 comment Print

ITAT Mumbai held that lease rental paid in respect of the vehicles used by its employees is revenue in nature and allowable as deduction.

Receipt of amount via banking channel doesn’t make transaction genuine

January 8, 2023 3426 Views 0 comment Print

ITAT Ahmedabad held that mere receipt of amount via banking channel doesn’t make the transaction as genuine. Addition u/s 68 of the Income Tax Act sustainable because of non-establishment of identity of creditor, genuineness of transaction and credit worthiness of the parties.

Revisional order u/s 263 not invocable if AO duly applied his mind

January 8, 2023 807 Views 0 comment Print

ITAT Mumbai held that revisional order u/s 263 cannot be invoked if Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter.

Provision for leave encashment and gratuity is allowable in book profit computed u/s 115JB

January 8, 2023 1938 Views 0 comment Print

ITAT Chennai held that addition of provisions for leave encashment and provision for gratuity to book profit computed u/s 115JB unsustainable as the same is ascertained liability.

Denial of deduction u/s 54 for mere technical breach is unjustified

January 8, 2023 1812 Views 0 comment Print

ITAT Chennai held that benefit of deduction under section 54 of the Income Tax Act cannot be denied for mere technical breach when the assessee has satisfied all the prescribed conditions.

Addition based on Information from NSE not valid if Assessee not given sufficient time

January 8, 2023 816 Views 0 comment Print

Lilaben Bhagabhai Patel Vs ITO (ITAT Ahmedabad) CIT(A) has categorically observed that the print out of share trading from the brokers related to share transaction statement was unsigned documents and the Assessing Officer has taken the loss on the basis of information provided by National Stock Exchange, Bombay. It is pertinent to note that the […]

Only net result of unaccounted purchases & sales is taxable

January 8, 2023 3036 Views 0 comment Print

We do not agree with the reasons given by the AO for the simple reason that when survey team was noticed unaccounted purchases & unaccounted sales and also difference has been treated as unaccounted income of the assessee, then question of making further additions towards unaccounted purchases does not arise. Moreover, it is only net result of unaccounted purchases & unaccounted sales, needs to be taxed.

Income from Tea bushes & shade trees grown for protection of tea bushes is Agricultural Income

January 8, 2023 2502 Views 0 comment Print

Doloo Tea Company (India) Ltd Vs ACIT (ITAT Kolkata) Admittedly, in this case in hand, the land has already been treated as agricultural land not capital in nature and the tea bushes have been cultivated by the assessee to obtain tea leaves and the shade trees are grown by the assessee for the protection of […]

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