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All ITAT

No disallowance of interest when Interest-free advances been made out of interest-free funds

January 1, 2023 1041 Views 0 comment Print

Chetankumar Raojibhai Patel Vs DCIT (ITAT Ahmedabad) Sole issue in the present appeal relates to disallowance of interest expenditure under section 36(1)(iii) of the Act. Since the assessee has demonstrated the availability of sufficient own funds for the purpose of making interest free funds, the issue, we find, is squarely covered by the decision of […]

ITAT quashes section 147 proceeding as approval was granted by JCIT without verifying recorded reasons  

January 1, 2023 999 Views 0 comment Print

In present case approval has been granted by the ld. JCIT without verifying the reasons recorded by the AO for initiating the proceedings under section 147 of the Act which is contrary to the provisions of law.

Section 274 Show cause notice is defective if not specify charge against assessee

January 1, 2023 1506 Views 0 comment Print

Show cause notice issued u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income, such show cause notice are defective.

Addition for difference in form 26AS due to service tax is not sustainable

January 1, 2023 693 Views 0 comment Print

Smt. Taraben Jayantilal Patel Vs DCIT-CPC (ITAT Ahmedabad) The appellant has computed ‘income from house property’ excluding of service tax whereas in Form 26AS it is inclusive of service tax. The order dated 06.08.2019 upon rectification under Section 154 of the Act, the income under the head ‘income from house property’ was computed at Rs.37,12,839/- […]

Section 35(2AB): Cut of date mentioned in DSIT certificate is of no relevance

January 1, 2023 276 Views 0 comment Print

It is held that the cut of date mentioned in the certificate issued by the DSIR would be of no relevance. It is also held that what is to be seen is that the assessee was indulged on R & D activity and had incurred expenditure thereupon and once a certificate by DSIR is issued that would be sufficient to hold that the assessee fulfill the conditions laid down in the aforesaid provisions.

Mere impression that Auditor will file appeal is not a Sufficient Cause to condone delay in appeal filing

January 1, 2023 204 Views 0 comment Print

Devaraj Construction Vs ITO (ITAT Chennai) In this case the reason for the delay in filing the appeal was that Shri S. Muthiah, F.C.A. died on 02.03.2015 and because of that there is no coordination between the assessee and the C.A. firm. The appellate order passed by the ld. CIT(A) dated 28.12.2017. The assessee knows […]

Section 271D penalty cannot be imposed on amount disallowed under section 40A(3)

January 1, 2023 1737 Views 0 comment Print

Once, it is established that these payments are for construction contract and particularly the AO has made disallowance by invoking the provisions of section 40A(3) of the Act, no disallowance can be made by invoking the provisions of section 269SS of the Act for levy of penalty u/s.271D of the Act.

Income Tax addition based on mere doubt and suspicion not sustainable

January 1, 2023 2178 Views 0 comment Print

Narender Kumar Vs ITO (ITAT Delhi) Undisputedly, in course of assessment proceeding, the assessee had explained the source of cash deposits in the bank account by stating that it was out of gift received from his grand-father Shri Phool Singh. The Assessing Officer, however, has rejected assessee’s claim as the notice issued under Section 133(6) […]

Keyman Insurance Policy premium is allowable business expenditure

January 1, 2023 1500 Views 0 comment Print

ITAT Mumbai held that a Keyman Insurance Policy provides for an insurance policy taken by a business organisation on the life of an employee and hence allowable as business expenditure.

TDS credit cannot be denied to Assessee for Non-Compliance by Deductor

January 1, 2023 786 Views 0 comment Print

Bulldog Media & Entertainment Pvt. Ltd. Vs CIT (Appeals) (ITAT Mumbai) We observed that assessee has disclosed the total figure of income in A.Y. 2018-19 itself but because of some problem at the end of deductor is not able to claim the full amount of TDS on income declared. Assessee claimed TDS of Rs. 10,14,722/-against […]

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