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Section 43CA(4) not applicable to sell agreement executed before 01.04.2013

January 6, 2023 2328 Views 0 comment Print

ITAT held that provisions of sub-section (4) would be applicable in respect of agreement to sell for transfer of an asset which has been executed on or after 1st April, 2013.

Advance from customers cannot be added in computation of Book Profit

January 6, 2023 1614 Views 0 comment Print

ITAT held that if advances received by the assessee from customers on which TDS Credits has been claimed, has been offered as income of subsequent financial years, then the same needs to be recognized as income as and when such income accrues to the assessee.

ITAT upheld 100% Disallowance for Bogus/Hawala Purchase by Govt Civil Contractor

January 6, 2023 2526 Views 0 comment Print

In the present case, it has been categorically established that, the amount of bogus purchases ₹64,33,495/- is debited to P&L by fictitious tax invoices

Exception to Trust cannot be denied merely for delay in filing audit report in prescribed form

January 6, 2023 5613 Views 0 comment Print

ITAT held that assessee cannot be denied benefit of exemption for which it is entitled merely on the lapse of procedural requirement i.e. delay in filing audit report in prescribed form.

CIT(E) cannot Impose Conditions on his own While granting Section 80G Registration

January 6, 2023 1212 Views 0 comment Print

CIT(E) lacked jurisdiction to impose any conditions on his own (other than what is stipulated in law) while granting approval under section 80G of Income Tax Act

Income from property under trust held wholly for charitable purpose is allowable as exemption u/s 11

January 5, 2023 660 Views 0 comment Print

ITAT Delhi held that income derived from the property held under the trust is wholly for a charitable purpose and hence exemption under section 11 of the Income Tax Act is allowable.

Applicability of TDS provision u/s 195 to cost sharing agreement needs re-examination

January 5, 2023 1137 Views 0 comment Print

ITAT Chennai held that before concluding with regard to applicability of provisions of section 195 of the Income Tax Act, all necessary and relevant documents like cost sharing agreement/ auditor’s report/ other evidences need to be examined thoroughly. Accordingly, matter set aside with direction to AO to re-examine the claim.

Customs duty drawback of preceding assessment years written-off as prior period item

January 5, 2023 945 Views 0 comment Print

ITAT Pune held that customs duty drawback relating to preceding assessment years can be written-off ‘as prior period item’.

Matter set aside as facts not examined properly by lower authorities

January 5, 2023 228 Views 0 comment Print

ITAT Mumbai set aside the matter for fresh adjudication as none of the aspects and the relevant facts have been properly looked into and examined by the lower authorities

Invoking provisions of section 56(2)(vii)(b) unsustainable as civil suit filed before District Judge

January 5, 2023 882 Views 0 comment Print

ITAT Visakhapatnam held that civil suit is filed before the Hon’ble District Judge accordingly the matter is squarely covered as exception as per proviso to section 56(2)(vii)(b) of the act and accordingly we hold that there is no case for invoking the provisions of section 56(2)(vii)(b).

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