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Mere Use of Building without consideration by Trust cannot be said as unexplained investment

January 8, 2023 675 Views 0 comment Print

Merely because building was used by assessee-trust without consideration that cannot be said to be, in any way, any unexplained investment by assessee-trust justifying addition under section 69

Section 271(1)(b) Penalty cannot be imposed if Assessment was Completed U/s. 143(3)

January 8, 2023 37686 Views 0 comment Print

Sardarmal Kothari Vs ACIT (ITAT Chennai) ITAT held that when an assessment has been made under sec.143(3) and not under sec.144 of the I.T. Act, it means that subsequent compliance in the assessment proceedings was considered as good compliance and the defaults committed earlier were ignored by the Assessing Officer and, therefore, there is no […]

Debatable & contentious Issues cannot be Rectified under section 154

January 8, 2023 1218 Views 0 comment Print

ITAT held that first of all the assessee has offered this in assessment year 2007-08, it cannot be added again and moreover, this being highly contentious issue and debatable whether this is to be assessed in assessment year 2007- 08 or 2009-10, it cannot be rectified while acting u/s.154 of the Act.

Interior expenses on rented premises cannot be categorized as capital in nature

January 8, 2023 3180 Views 0 comment Print

Ved Indian Heritage Haat Foundation Vs ITO (ITAT Ahmedabad) Admittedly, the assessee is running its business from the rented premises which was taken for the lock in period of 60 months. Furthermore, in the rent agreement, there was the clause of renewal of the agreement. Accordingly, AO was of the view that the expenditures incurred […]

Penalty u/s 271AAA leviable on additional/undisclosed income accepted via statement u/s 132(4)

January 8, 2023 2772 Views 0 comment Print

ITAT Delhi held that penalty u/s 271AAA of the Income Tax Act is leviable when the assessee has accepted the additional/undisclosed income during the statement recorded u/s 132(4) of the Act.

Shares can be hold as both investment and stock-in-trade

January 8, 2023 4491 Views 0 comment Print

ITAT Ahmedabad held that as per CBDT circular no. 4/2007 dated 15.6.2007 and 6/2016 dated 29-2-2016, person can hold shares as both investment and stock-in-trade Accordingly income will be taxable based on the type in which share is hold.

Imposition of penalty u/s 271(1)(c) on highly debatable issue is unsustainable

January 8, 2023 1965 Views 0 comment Print

ITAT Chennai held that levy of penalty u/s. 271(1)(c) of the Income Tax Act alleging furnishing of inaccurate particulars of income unsustainable as the matter is highly debatable.

Section 80P deduction cannot be denied merely for non-filing of ITR

January 8, 2023 5829 Views 0 comment Print

Section 80AC contemplates denial of deduction in respect of certain provisions of Chapter VI ‘A’ of the Act, if ITR is not filed. Those provisions do not apply to the claim for deduction u/s. 80P.

Transaction charges incurred wholly and exclusively for business is allowable expenditure

January 7, 2023 2259 Views 0 comment Print

ITAT Ahmedabad held that the transaction charges are actually additional cost of funds raised for the purpose of business Hence expenditure incurred on account of the same was wholly and exclusively for the purpose of business.

Expense of plot of land treated as WIP hence income from its sale taxable under Business Income

January 7, 2023 6159 Views 0 comment Print

ITAT Surat held that plot of land is reflected as asset as business WIP and also expenses incurred are also reflected as WIP. Accordingly, income from sale of land taxable under ‘Business Income’.

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