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All ITAT

Amendment to Section 36(1)(va) & 43B by Finance Act, 2021 applicable from AY 2021-22

June 30, 2022 5835 Views 0 comment Print

In a significant decision, ITAT Jaipur, in Suman Solanki vs DCIT case, rules that timely deposited PF/ESI contributions before return filing are admissible deductions. Explore the detailed analysis.

Additional depreciation u/s 32(1)(iia) available in respect of windmill

June 30, 2022 1932 Views 0 comment Print

Held that as the assessee is in windmill’s power generation business, additional depreciation available for windmill u/s 32(1)(iia).

No section 69A addition to Income of assessee who has only agricultural income

June 30, 2022 5661 Views 0 comment Print

Madhusudan Dhakad Harda Vs ITO (ITAT Indore) If a person has only agricultural income and no other income, then no addition can be made to the total income unless and until the AO proves that the assessee has any other source of income which is taxable under the Income-tax Act. Since the agricultural sector in […]

Social welfare expenses incurred at workplace & nearby villages allowable

June 30, 2022 1803 Views 0 comment Print

Expenditure incurred by the assessee was not merely philanthropic, but also had a business angle, therefore, deduction was allowable to assessee under section 37.

Addition justified if assessee fails to explain nexus between interest expense & other source income

June 30, 2022 483 Views 0 comment Print

Since assessee had not brought on record any documentary evidence to show that it had incurred interest expenditure as against the income assessed under the head `income from other sources. Therefore, the addition sustained by the CIT(A) to the extent of Rs.1,83,003 was confirmed.

Reassessment without Service of Section 148 Notice is void ab initio

June 30, 2022 3321 Views 0 comment Print

Naveen Tyagi Vs ITO (ITAT Delhi) HC held that if notice u/s 148 was not served on the assessee in accordance with law the reassessment made consequent thereto was without jurisdiction and liable to be quashed. In the case on hand as the Revenue could not prove the service of notice u/s 148 on the […]

No denial of TDS credit for mere Wrong Mentioning of PAN by Deductors

June 30, 2022 1251 Views 0 comment Print

Dilip B. Desai Vs ACIT (ITAT Kolkata) From 01.04.2010 the business of the assessee was converted from sole proprietorship concern to newly incorporated partnership concern in the name of ‘D.B. Desai & Associates’ and PAN allotted to it is ‘AAHFD1697D’. Since the business was shifted to the partnership firm from 01.04.2010 all the relevant information […]

Assessment based on belated Section 143(2) notice is invalid

June 30, 2022 1422 Views 0 comment Print

Roshan Lal Verma Vs DCIT (ITAT Delhi) The validity of impugned assessment order resulting in present appeal is under challenge on the grounds of notice issued under Section 143(2) purportedly barred by limitation. It is the case of the assessee that, in the instant case, assessee has filed the return of income on 14.10.2011 and […]

Validity of Satisfaction to reopen Assessment recorded with one word “Yes”

June 30, 2022 879 Views 0 comment Print

Kedar Cotton Industries Vs DCIT (ITAT Ahmedabad) It is observed that the approval to reopen the assessment in the present case and issue notice under Section 148 of the Act to the assessee was accorded by the learned Principal Commissioner of Income-tax by recording his satisfaction in one word ‘Yes‘ and even the learned DR […]

No Section 41 Disallowance if no Cogent Evidence of Cessation of Liability

June 30, 2022 396 Views 0 comment Print

Jain Peripherals Pvt. Ltd. Vs DCIT (ITAT Delhi) Section 41 postulates disallowance of cessation of liability for expenditure incurred in trading account earlier. In the present case, disallowance has been made by the AO and confirmed by the ld. CIT(A) on the plank that the purchases are not genuine. In our considered opinion, the issue […]

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