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Reopening of assessment on incorrect assumption is invalid

December 9, 2022 2775 Views 0 comment Print

ITAT Mumbai held that reopening of assessment was undertaken by AO without application of mind on complete incorrect assumption of fact that no return of income was filed for the relevant Assessment year and hence said reopening of assessment is invalid.

Advance for setting of hospital project which got abandoned is allowable as revenue expense

December 8, 2022 936 Views 0 comment Print

ITAT Kolkata held that advance given in relation to business transaction for setting up hospital project which was abandoned, the said advance is irrecoverable and hence allowable as revenue expenditure.

Order passed beyond time limit prescribed u/s 153(1) is bad in law

December 8, 2022 4812 Views 0 comment Print

ITAT Ahmedabad held that the Assessing Officer is required to pass the assessment order within the time limit prescribed under section 153(1) of the Income Tax Act and hence any order passed belatedly is unsustainable in law.

Penalty proceedings are independent of assessment proceedings

December 8, 2022 3171 Views 0 comment Print

ITAT Delhi held that imposition of penalty u/s 271(1)(c) of the Income Tax Act on the mere allegation that assessee failed to justify the revenue nature of the expenditure is unsustainable as penalty proceedings are independent of assessment proceedings.

Order passed without Document Identification Number is invalid

December 8, 2022 3582 Views 0 comment Print

ITAT Kolkata held that non-mentioning of the Document Identification Number (DIN) on the body of the order makes the order as invalid and deemed to have never been issued.

Order passed beyond limitation period by TPO u/s 92CA(3A) is unsustainable

December 8, 2022 2904 Views 0 comment Print

ITAT Mumbai held that any order passed by the TPO beyond a period of limitation as prescribed under the provisions of section 92CA(3A) of the Income Tax Act is bad in law.

Penalty not leviable for late filing of TDS return on reasonable cause shown

December 8, 2022 1413 Views 0 comment Print

ITAT Ahmedabad held that there was delay in filing statement in Form 24Q/ 26Q due to heavy loss incurred by assessee. However, the same was filed before issuance of show cause notice and late payment of TDS was done along with interest. Hence, it shows that there was no mala fide intention on the part of the assessee for late filing of TDS return and hence penalty not leviable.

Deduction for telecommunication service is available in respect of ‘profit of eligible businesses’

December 8, 2022 1371 Views 0 comment Print

ITAT Mumbai held that in terms of non- obstinate clause used in section 80IA(2A), deduction for telecommunication services is available in respect of profits of eligible business and is not restricted to profits derived from eligible business as mentioned in section 80IA(1) of the Act.

Addition of receipt not in the nature of royalty is unsustainable in law

December 8, 2022 579 Views 0 comment Print

ITAT Delhi held that revenue received towards to distribute the channel to cable operators, DTH operators, hotels, institutions etc. in India is not in the nature of royalty and hence addition not sustainable.

CIT(A) deciding the ground based on additional evidence without giving opportunity to AO is untenable

December 8, 2022 1008 Views 0 comment Print

ITAT Hyderabad held that deciding any ground based on any additional evidence before CIT(A), without calling for a remand report from the Assessing Officer, is untenable in law. CIT(A) needs to mandatorily given an opportunity to AO to examine the additional evidence.

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