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All ITAT

Income tax deduction cannot be denied for mere human error in ITR

January 3, 2023 729 Views 0 comment Print

Assessee claimed deduction u/s. 10B of Income Tax Act in its return of income instead of section 10AA. This can be a human error while preparing E-return.

Deemed rental income from unsold stock of Flats is taxable as house property income 

January 3, 2023 4008 Views 0 comment Print

There is no provision under the head Profits and Gains from business or profession which deems the rental income from unsold flats held as stock as Business income.

Concept of deemed registration of trust not prevailing under Income Tax Act

January 2, 2023 1020 Views 0 comment Print

ITAT Surat held that there is no specific provision in the Income Tax Act that non-deciding the registration application under Section 12AA within a period of six months there shall be a deemed registration.

Typographical error should be rectified via rectification application u/s 154

January 2, 2023 3567 Views 0 comment Print

ITAT Delhi held that typographical error is to be rectified by filing a rectification application under section 154 of the Income Tax Act and not by preferring an appeal.

Penalty u/s 271(1)(c) not leviable as tax assessed is equal to TDS deducted

January 2, 2023 2766 Views 0 comment Print

ITAT Chandigarh held that as tax finally assessed would be equal to the tax deducted at source and hence there is no basis for levy of penalty u/s 271(1)(c) of the Income Tax Act.

Deduction u/s 24 available for interest on loan of leased part of building

January 2, 2023 939 Views 0 comment Print

ITAT Mumbai held that interest on loan in respect of leased portion of the building is eligible for deduction u/s 24 of the Income Tax Act and accordingly cannot be allowed as work-in-progress.

Royalty payment to holding company for using brand name is revenue expenditure

January 2, 2023 2952 Views 0 comment Print

ITAT Chennai held that amount of royalty payment to holding company for using brand name is allowable as revenue expenditure.

Addition u/s 68 unsustainable regarding trading liabilities with availability of corresponding purchases

January 2, 2023 2421 Views 0 comment Print

ITAT Kolkata held that liabilities which are incurred as trading liabilities with corresponding purchases cannot be subject matter of addition under section 68 of the Income Tax Act.

Condonation of delay not granted alleging that non-filing of appeal was advised by CA

January 2, 2023 1875 Views 0 comment Print

ITAT Chennai held that there is no material on record that assessee has sought for advice of CA. Affidavit filed by the C.A. stating that assessee was advised not to file an appeal is nothing but an afterthought Accordingly condonation of delay not granted.

Forfeited commission expense allowable as TDS paid on the same

January 2, 2023 777 Views 0 comment Print

ITAT Delhi held that forfeited for loss of commission or short sales cannot be disallowed as TDS deduction against the same is paid by the appellant in the respective financial year.

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