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Tolerance margin of 10% u/s 43CA is applicable retrospectively

December 1, 2022 1959 Views 0 comment Print

ITAT Pune held that with regard to first proviso to section 43CA of the Income tax Act effect of the tolerance margin of 10% is to be given retrospective effect i.e. made applicable even for the prior assessment years

Section 12AA mandates passing of order refusing or granting registration in writing

December 1, 2022 432 Views 0 comment Print

Shyama Sharma Charitable Trust Vs CIT, Exemptions (ITAT Chandigarh) The provisions of section 12AA provides that the CIT(E) after receipt of application and calling for such documents and information as he thinks necessary and after making such enquiries as he may deem necessary and after satisfying himself about the objects of the assessee society and […]

Addition of cash deposited out of marriage gift u/s 69A partly deleted

December 1, 2022 1197 Views 0 comment Print

ITAT Chennai held that addition for cash deposits out of marriage gift under section 69A partly deleted as in Indian Customs during marriages guests and relatives will give gift depending upon their social status and economic condition

Not feasible to upload voluminous books on Income Tax Portal- ITAT directs AO to do physical examination

December 1, 2022 978 Views 0 comment Print

Piyush Overseas Pvt. Limited Vs DCIT (ITAT Chandigarh)  ITAT find merit in the contention of the ld AR that where the assessment has been conducted through a virtual electronic platform, it may not be feasible to submit and upload the voluminous books of account, sale / purchase register, cash book, and other ledger account along with […]

Right to Collect Toll’ Eligible for Depreciation as ‘Intangible Asset’

December 1, 2022 411 Views 0 comment Print

DCIT Vs Ashoka Dhankuni Kharagpur Tollway Ltd (ITAT Pune) Revenue’s sole substantive grievance raised in the instant appeal challenges correctness of the CIT(A)’s action reversing assessment findings dated 21.12.2019 disallowing the assessee’s depreciation claim amounting to Rs.3,47,61,85,194,/- pertaining to its ‘right to collect toll’ as an intangible asset under section 32(1)(ii) of the Act. The […]

Provision For Liquidated Damages is an Ascertained Liability and Allowable

December 1, 2022 3066 Views 0 comment Print

SKF Engineering & Lubrication India Pvt. Ltd Vs JCIT (ITAT Bangalore) The assessee during the year under consideration has made a provision for liquidated damages for an amount of Rs. 49,20,000/-. The AO during the revision proceedings has disallowed the said amount on the basis that the calculation of liquidated damages is based on percentage […]

Appeal filing delay cannot be condoned without ‘Reasonable Cause’

December 1, 2022 990 Views 0 comment Print

ITAT held that As reasons given by assessee is not convincing and therefore the delay of 2886 days in filing the above appeal cannot be condoned.

Section 234E Late Fee leviable for TDS Default Post 01-06-2015 Valid

December 1, 2022 774 Views 0 comment Print

Provisions of section 234E of the Act are substantive in nature and the mechanism for computing the late fee was provided by the Parliament only w.e.f. 01.06.2015. Therefore, late fees u/s 234E of the Act can be levied only prospectively w.e.f. 01.06.2015.

Section 54 Capital Gain Exemption cannot be claimed for Multiple Flats

December 1, 2022 8022 Views 0 comment Print

Assessee is entitled for exemption u/s 54 only in respect of one flat and directed the AO to exempt cost of investment in one flat made before due date of filing return of income

Return filed within specified time limit and hence benefit u/s 11 available

November 29, 2022 5205 Views 0 comment Print

ITAT Delhi held that benefit of exemption u/s. 11 of the Income Tax Act duly available as the income tax return was filed within the specified time limit of sub-section 139 of the Income Tax Act.

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