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All ITAT

Deduction u/s 80-IC not available on interest earned on fixed deposit

July 18, 2022 6366 Views 0 comment Print

Held that interest earned out of the fixed deposit made from the surplus funds being not connected to the manufacturing activity and do not form an integral part of the profits derived from industrial unit is not eligible for deduction

Order not erroneous when AO took one possible view

July 18, 2022 1221 Views 0 comment Print

Held that in case there are two possible views and the AO has taken one of the possible views, no action to exercise powers of revision can arise.

Section 68 Addition by ignoring all evidences filed by assessee is unsustainable

July 18, 2022 2994 Views 0 comment Print

Held that addition, only on the basis of information received from investigation wing ignoring all the evidences filed by the assessee, is unsustainable in law

Deduction u/s 80IB(10) allowed on the basis of substantial compliance

July 18, 2022 2226 Views 0 comment Print

Held that as the assessee had complied sufficiently the requirement of law as stipulated in section 80IB(10) of the Act and as per the said provision it was bound to complete the building project before 31.03.2012. Deduction u/s 80IB(10) allowed.

Section 234E Late fee is automatic and not discretionary

July 17, 2022 7416 Views 1 comment Print

Held that when there is a delay, a late fee u/s 234E and 200A of the Act is automatic and there is no discretion not to levy late fees with the TDS Officer.

Purpose & object remained same after amendment to object clause, cancellation of Trust registration unjustified

July 16, 2022 6168 Views 0 comment Print

Held that even after amendment to the object clause, there is absolutely no change to the purpose and object of the trust. Cancellation of the registration granted u/s 12A unjustified.

50% additional depreciation u/s 32(1)(iia) allowed in subsequent AY

July 16, 2022 3882 Views 0 comment Print

Held that assessee can claim remaining 50% depreciation in subsequent year in case where machinery and plant being acquired and put to use for less than 180 days in the previous year, the depreciation was restricted to 50%.

Income assessed at 1% on cricket betting in absence of satisfactory explanation

July 16, 2022 546 Views 0 comment Print

Held that AO correctly estimated the income of the assessee at 1% of the total transactions of cricket betting as found recorded in the laptops seized

Addition on cash sales accepted as revenue receipts as unexplained cash deposits unsustainable

July 16, 2022 1575 Views 0 comment Print

Held that undisputable the cash sales and details thereof is provided, VAT payment on such cash sales is also submitted. As the cash sales is not disputed by the department, adding the same as unexplained cash deposit unsustainable

ITAT denied Section 11 & 12 exemptions for failure to File Form No. 10B Electronically

July 15, 2022 2577 Views 0 comment Print

Ahmedabad ITAT dismisses Ambica Trust’s appeal as it failed to electronically file Form 10B for exemptions under sections 11 and 12 of the Income Tax Act.

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