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All ITAT

Section 80P deduction eligible on Interest received by Co-Op society from Co-Op bank

September 22, 2022 17862 Views 0 comment Print

Interest income earned by assessee on its investments with a co-operative bank would be eligible for claim of deduction under Sec. 80P(2)(d) of Act.

Write-off of Advances after closure of books not allowable

September 21, 2022 633 Views 0 comment Print

Maharashtra Film Stage and Cultural Development Corporation Ltd. Vs ACIT (ITAT Mumbai) The assessee had written off the bad debt as per the Board Resolution dt.5.6.2009 after the closing of books of accounts. The Assessing Officer had disallowed the claim on the ground that books of accounts were closed on 31.3.2009 whereas bad debts were […]

No addition u/s 41(1) in absence of Evidence of Remission or Cessation of Liability

September 21, 2022 507 Views 0 comment Print

Unless, there is an evidence of remission or cessation of liability, provisions of Section 41(1) of the Act does not apply.

Capital gain cannot be taxed till property gets actually transferred as per agreement

September 21, 2022 3126 Views 0 comment Print

Held that as per agreement, the assessee will hand over physical possession of the property only after the purchaser obtains Intimation of Disapproval. Hence, till the property is not transferred as per the terms of agreement, capital gain on the same cannot be taxed.

No section 68 addition for merely not producing cash creditors before AO

September 19, 2022 3468 Views 0 comment Print

ITAT held that merely for not producing the cash creditors before the Ld. AO even when all the necessary documents as required to prove the identity, creditworthiness and genuineness of the cash creditors are furnished by the assessee, cannot be a reasonable basis to make addition for unexplained cash credit u/s 68 of the Act.

Non deduction of expenses for non-deduction of TDS & inclusion of same by deductee in their income tax return – ITAT directs assessee to submit CA certificate

September 17, 2022 7569 Views 0 comment Print

Viral Ashish Parikh Vs ACIT (ITAT Ahmedabad) it is transpired that the assessee can be granted immunity from disallowances of expenses on account of non/short deduction of taxes provided that the assessee (payer) furnishes the certificate in the prescribed form. Thus the onus is upon the assessee. However we find that assessee has not furnished […]

In absence of transfer Income cannot be treated as Capital Gain

September 16, 2022 1932 Views 0 comment Print

DCIT Vs Virendrabhai Devjibhai Patel (ITAT Surat) ITAT observed that the transactions were done by the assessee and the real investment in the transaction was carried out by Shri. Dharmeshbhai Patel (in short SDP). The assessee and Shri. Dharmeshbhai Patel (SDP) entered into an arrangement wherein, Shri. Dharmeshbhai Patel (SDP) provided the money required to […]

OLA being an intermediary is not liable to deduct TDS on payment to drivers

September 16, 2022 7056 Views 0 comment Print

ITAT Chandigarh held that the aggregator/ intermediary (OLA) acts merely as an intermediary and hence not liable to deduct TDS u/s 194C on payments made to drivers.

No section 271(1)(c) penalty for income offered for taxation by filing revised return

September 16, 2022 1107 Views 0 comment Print

No Penalty u/s. 271(1)(c) for filing inaccurate particulars of income when assessee filed Revised Return offering to tax rental income

No Section 194C TDS on payments to agents of foreign shipping companies

September 16, 2022 30486 Views 0 comment Print

Circular No. 723 dated 19.09.1995 – Section 172 applies to payments made to agents of foreign shipping companies so, section 194C not applies

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