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All ITAT

Deduction u/s 54, with respect to two houses located in different areas, not available

July 19, 2022 7317 Views 0 comment Print

Held that the assessee can take shelter and claim deduction u/s 54 only when the assessee invests the long term capital gain in purchase or construction of a single residential house.

Both revenue & assessee bound by the resolution plan accepted by NCLT

July 19, 2022 2304 Views 0 comment Print

Held that the Revenue is bound by the resolution plan as accepted by the NCLT and not entitled to anything more than what is provided therein.

Performance Related Pay claim not allowable in absence of specific documents

July 19, 2022 2022 Views 0 comment Print

Held that assessee failed to provide details of calculation of the Performance Related Pay; also failed to prove the authority to pay the Performance Related Pay to the employees hence claim of Performance Related Pay is unsustainable

Section 147 Proceeding without reporting reasons for reopening is unsustainable

July 18, 2022 1674 Views 0 comment Print

Held that the department has failed to issue notice, failed to report the reasons for reopening the case and also failed to take the approval of the appropriate authority before as initiation of proceedings u/s 147 of the I.T. Act. Appeal allowed on technical ground.

Addition towards cloud based services, not a royalty, not sustainable

July 18, 2022 765 Views 0 comment Print

Held that the authorities fallen in error in considering the subscription received towards cloud serviced to be royalty income

Addition u/s 40A(3) of Income Tax Act in absence of evidence of tax evasion is unsustainable

July 18, 2022 837 Views 0 comment Print

ITAT Patna held that in absence of any evidence of tax evasion by showing fictitious or false transactions, addition by invoking provisions of section 40A(3) of the Income Tax Act unsustainable.

Serving of liquor is not charitable activity under section 2(15)

July 18, 2022 7995 Views 0 comment Print

ITAT held that ‘serving of liquor is not charitable activity under section 2(15) of the Income Tax Act, 1961,

Late Filing of Appeal – Scarcity of Advisors not valid reason for SBI

July 18, 2022 633 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Pune) We find that the assessee had deducted TDS as per rates prescribed by the Act and the same was deposited in Central Government account, but with a delay in filing the TDS statement as required under law. For such failure the respondent-revenue levied late fee u/s. 234E […]

Inadequate inquiry not amount to erroneous order, Section 263 cannot be invoked

July 18, 2022 2409 Views 0 comment Print

Held that an inquiry made by the AO, considered inadequate by the Commissioner of Income Tax, cannot make the order of the Assessing Officer erroneous. Thus, the Commissioner of Income Tax by invoking revisionary powers u/s. 263 cannot impose his own understanding of the extent of inquiry.

Section 54F deduction eligible against new residential house acquired outside India

July 18, 2022 2184 Views 0 comment Print

Held that deduction u/s 54F is available against new residential house acquired outside India as provisions of section 54F doesn’t use the word ‘in India’.

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