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All ITAT

Business deems to be commenced once activity essential to carrying on business is started

October 17, 2022 561 Views 0 comment Print

It was held that once business is set up, expenditure incurred relating to such business have to be treated as revenue expenditure and allowed as deduction. As soon as an activity which is essential to carrying on the business is started the business must be said to have commenced.

PCIT cannot grant conditional section 12A Registration

October 17, 2022 906 Views 0 comment Print

Role of PCIT while according registration under section 12A is only to make himself satisfied about genuineness of activities to be carried out by assessee trust and compliance of such requirement of any other law for the time being in force by trust or institution material to achieve its object and then to accord registration.

No reassessment beyond four years merely on basis of change of opinion

October 16, 2022 2454 Views 0 comment Print

Reassessment was bad in law beyond four years when the tax payer had disclosed the facts at the time of original assessment proceedings and the AO did not draw any adverse inference regarding the same.

Deduction with respect to provisions made against trade debtors

October 16, 2022 1032 Views 0 comment Print

Vidras India Ceramics Pvt. Ltd. Vs D.C.I.T. (ITAT Ahmedabad) The controversy that needs to be addressed so as to whether the assessee is eligible for deduction with respect to the provisions made against the trade debtors in pursuance to the explanation 1 to clause (vii) of section 36(1) of the Act. As per the explanation […]

Section 69 addition by AO – ITAT upheld relief given by CIT(A)

October 16, 2022 849 Views 0 comment Print

Dive into Anuradha Pandey’s case vs. ITO (ITAT Varanasi). ITAT’s scrutiny on investment source from closing stock and debtors. Analysis of the disputed addition and its resolution

Refusal of assessee to take notice is a good service of notice

October 15, 2022 1329 Views 0 comment Print

ITAT Delhi as regards contention of notice not properly serviced held that as per postal authorities explanation the assessee has refused to take notice and such refusal to take a notice is a good service.

Valuation of shares following Discounted Cash Flow Method should be accepted

October 15, 2022 3264 Views 0 comment Print

ITAT Delhi held that assessee has option to choose any of the method i.e., book value method or discounted cash flow method to the Assessee for determining the value of its shares. The valuation so arrived by the expert under Discounted Cash Flow Method providing necessary basis of computation of projection needs to be accepted.

Demand cannot be enforced on the deductee for non-deposit of TDS by deductor

October 15, 2022 2865 Views 0 comment Print

ITAT Chandigarh held that tax authorities cannot enforce any demand on the deductee if the amount of TDS deducted by the dedutor is not deposited with the Government.

Section 12AA Registration granted as primary object is advancement of general public utility

October 15, 2022 1662 Views 0 comment Print

ITAT Chandigarh held that registration u/s 12AA of the Income Tax Act granted as the primary objects of the assessee society are aimed at the advancement of the object of general public utility within the meaning of section 2(15) of the Act

Land treated as capital asset as no evidence of carrying agricultural activity

October 15, 2022 5922 Views 0 comment Print

ITAT Mumbai held that apart from the purchase and sale deeds of conveyance and 7/12 extracts from land revenue records, no other evidence has been brought on record by the assessee of having cultivated the land or carrying any agricultural activity. Accordingly, the same is treated as ‘capital asset’.

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