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All ITAT

Categorizing donation as anonymous is unsustainable when donor’s identity is established

July 22, 2022 834 Views 0 comment Print

Held that identity of the donors as provided u/s 115BBC of the Act has been established by the assessee. Accordingly, the donations cannot be categorized as anonymous donations and cannot be subjected to tax.

Exercising revisionary power u/s 263 in casual arbitrary manner is unsustainable

July 22, 2022 333 Views 0 comment Print

Held that for invoking revisionary power u/s 263 it is necessary to point out the error in the order and that too such an error should be prejudicial to the interest of the revenue

Order of CIT(A) not valid it it merely followed certain case laws without discussing nature of expenses

July 22, 2022 633 Views 0 comment Print

CIT(A) merely followed certain case laws without discussing nature of expenses claimed by assessee – Order not sustainable

Once identity & creditworthiness of investors is established addition u/s 68 unsustainable

July 21, 2022 846 Views 0 comment Print

Held that as identity and creditworthiness of the investors is established, merely because of delay in transferring of the shares to the prospective investors, the amount cannot be treated as unexplained investment u/s 68.

Section 54F Deduction available on reinvestment in twin residential units

July 21, 2022 4662 Views 0 comment Print

Held that a residential house for the purpose of section 54F(1) deduction can indeed cover multiple units in same or different towers or residential blocks

Unregistered Satakat not supported by other evidence doesn’t possess evidentiary value

July 21, 2022 1815 Views 0 comment Print

Held that no part consideration of acquisition of asset/property was paid on alleged execution of possession-cum-Satakat and there is no other corroborative evidence to substantiate the claim of assessee. Capital gain treated as STCG instead of LTCG.

Penalty cannot be levied on charges not forming part of penalty proceeding initiation 

July 21, 2022 621 Views 0 comment Print

It is settled position of law that AO cannot levy penalty on charges different from the charges for which penalty proceedings were initiated

Industrial Promotion Scheme Subsidy not to be reduced from cost of fixed assets for depreciation

July 21, 2022 6570 Views 0 comment Print

With the advent of Insolvency and Bankruptcy Code, 2016 (IBC), there has been a transformative turnaround in the corporate insolvency resolution framework in India. However, the IBC does not accommodate and provide for specific arrangements or contains any provision for group insolvency as the legislation itself is still evolving and is designed for a single economic entity.

Container Freight Station (CFS) eligible to claim section 80IA(4) deduction

July 21, 2022 1257 Views 0 comment Print

DCIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (ITAT Pune) The only issue is to be decided is as to whether the CIT(A) justified in allowing deduction u/s. 80IA(4) of the Act in respect of Container Freight Station (CFS). At the outset, we note that this issue is covered in favour of the assessee by […]

Additional Evidence cannot be accepted without complying Income Tax Rule 46A

July 21, 2022 999 Views 0 comment Print

ITO Vs Tilak Proficient Nidhi Limited (ITAT Allahabad) The ld. CIT(A) simply accepted all the contentions /additional evidences filed by the assessee, without complying with Rule 46A of the Income Tax Rules, 1962, as it was incumbent on ld. CIT(A) to have forwarded all these additional evidences/explanations filed by assessee to the AO for its […]

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