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ITR and Bank Statements are sufficient to prove creditworthiness under Section 68: ITAT

July 15, 2022 14607 Views 0 comment Print

In present facts of the case, the Hon’ble ITAT held that ITR and bank statements were sufficient to prove the genuinety and for creditworthiness under Section 68 of Income Tax Act.

Gratuity exemption u/s 10(10) available to employee holding civil post under a state

July 15, 2022 1377 Views 0 comment Print

Held that an employee holding a civil post under a state is eligible for exemption towards amount of gratuity received under section 10(10) of Income Tax Act

Set off of brought forward business loss & unabsorbed depreciation not available to ingenuine demerger

July 15, 2022 1434 Views 0 comment Print

Held that benefit of carried forward business losses and unabsorbed dep. u/s. 72A available only if the amalgamation/demerger is genuine

Section 263 order not valid for land vacation compensation issue already examined by AO

July 15, 2022 381 Views 0 comment Print

Issue relating to the land vacation compensation charges claimed by the assessee in the year under consideration was duly examined by the Assessing Officer by making the necessary inquiries and after satisfying himself on perusal of the relevant details and documents placed on record by the assessee

Addition of unsecured loan sustained as genuineness of transaction not established

July 15, 2022 1674 Views 0 comment Print

Held that addition of the amount of unsecured loan sustained as the assessee failed to establish the genuineness of the loan transactions except filing the affidavits.

Order, prejudicial to the interest of revenue, set aside invoking jurisdiction u/s 263

July 14, 2022 3465 Views 0 comment Print

Held that the assessment order passed by the AO is erroneous in so far as it is prejudicial to the interest of the revenue and thus, the CIT has rightly exercised his jurisdictional powers

Penalty u/s 271(1)(c) unsustainable on suo moto reversal of excess depreciation

July 14, 2022 2037 Views 0 comment Print

Held that the addition made on account of excess depreciation claimed, having been surrendered by the assessee itself without any prior detection by the Revenue, the excess claim having been demonstrated to have been made for bonafide reasons, it is surely not a case for levy of penalty at all.

Trademark registration expenditure is revenue expenditure

July 14, 2022 5001 Views 0 comment Print

Held that the expenditure incurred on mere registration of trade-mark is a revenue expenditure

Section 80IB deduction not allowable if Form 10CCB not filed with return of income

July 14, 2022 1923 Views 0 comment Print

DCIT Vs Kalyan Aqua & Marine Exports India Pvt Ltd (ITAT Visakhapatnam) We find that even though it is claimed by the Ld. AR that there was a technical error which prevented the assessee from filing/uploading the Form-10CCB along with return of income filed U/s. 139(1), the Ld. AR could not produce the Form-10CCB claimed […]

Section 54B exemption allowable even if land was cultivated only for few days during Relevant Years

July 13, 2022 687 Views 0 comment Print

Term two years has been interpreted to mean that not during the whole period of two years, even if the land is used for some days in the earlier year, it would be sufficient for compliance of provisions of section 54B

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