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ITAT Directs NFAC to Consider Section 80P(2)(d) Claims of ISRO Employees Society

April 9, 2024 354 Views 0 comment Print

Read the ITAT Bangalore order in the case of Space Employees Cooperative Housing Society Ltd. vs. ITO. Learn about delay condonation & Section 80P(2)(d) relief for ISRO Employees Society.

Section 271(1)(c) Penalty Unsustainable if Quantum addition Deleted

April 9, 2024 585 Views 0 comment Print

In a case of DCIT Vs Milan Kavin Parikh, ITAT Mumbai dismisses Revenue’s appeal against deletion of penalty under Section 271(1)(c) of the Income Tax Act, 1961, as the quantum addition was deleted.

If no inquiry by AO on disallowance u/s 40A(3): Section 263 order valid

April 9, 2024 324 Views 0 comment Print

Analysis of Bharat Jaroli vs PCIT case by ITAT Indore, highlighting AO’s failure to scrutinize cash payments under Sec 40A. Detailed review and outcome provided.

Due to uncertainty of revenue recognition income to be taxed on receipt basis: ITAT Delhi

April 8, 2024 705 Views 0 comment Print

ITAT Delhi held that giving effect to uncertainty of revenue recognition, income rightly offered to tax on the basis of receipts. Accordingly, addition of income based on accrual basis deleted.

ITAT allowed expenditure incurred on Paintings as revenue deeming it essential for Business

April 8, 2024 672 Views 0 comment Print

Expenditure incurred on paintings was allowable as revenue expenditure deeming it essential for creating a conducive business environment and accordingly to be construed as expenditure wholly and exclusively incurred for the purpose of business of assessee.

Order passed without implementing direction of DRP is void-ab-initio: ITAT Delhi

April 8, 2024 597 Views 0 comment Print

ITAT Delhi held that AO is bound to follow the directions of DRP. Accordingly, final assessment order passed by AO without implementing direction of DRP makes the assessment order void-ab-initio.

No section 56(2)(viib) addition for Share allotment at premium by Subsidiary to Holding Company

April 5, 2024 597 Views 1 comment Print

ITAT Delhi in case of KBC India Pvt. Ltd. vs. ITO held that equity shares were allotted by the assessee to its holding company at premium and in such a scenario no addition can be made u/s 56(2)(viib) of the Act

AO cannot invoke Section 56(2)(viib) if Discounted Cash Flow method used for Share Valuation

April 5, 2024 687 Views 0 comment Print

Explore the ITAT Delhi ruling on valuation of shares in DCIT Vs Hometrail Buildtech Pvt. Ltd. case for Assessment Year 2015-16. Analysis, implications, and conclusions discussed.

ITAT Mumbai Directs AO to Re-adjudicate Mistake in ITR Filing

April 5, 2024 654 Views 0 comment Print

In Uttam Narayanmal Mehta S K Metal Vs ITO case, ITAT Mumbai directs AO to re-adjudicate mistake in ITR filing regarding double taxation of profit.

AO Can’t Tax Husband for Business Income taxed to Wife during Scrutiny

April 5, 2024 450 Views 0 comment Print

In the case of Ketan Prabhulal Dalsaniya Vs DCIT, ITAT Indore rules that once the business income of the wife is accepted during scrutiny, the AO cannot tax the husband again, stating the wife wasn’t the one carrying the business.

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