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No Section 40(a)(ia) disallowance when TDS been deducted & paid before due date of filing of return

June 24, 2022 687 Views 0 comment Print

Read about the ITAT Ahmedabad’s ruling in ITO vs. Yagnesh Dayabhai Vyas, where disallowance under Section 40(a)(ia) was deemed unjust when TDS was duly deducted and paid before the return filing deadline.

ITAT remanded back penalty proceedings to AO for denovo adjudication as quantum was also referred back to him

June 24, 2022 1002 Views 0 comment Print

Explore the ITAT Mumbai decision in Abacus International Pte Ltd. vs. DDIT, where notional interest income on interest-free loans was assessed and its impact on penalty u/s. 271(1)(c).

Depreciation allowed as plant & machinery on AC, telephone, office equipment

June 24, 2022 30261 Views 0 comment Print

There is no condition in section 32 that depreciation on plant and machinery is allowable only if they are used in the factory for manufacturing/production process. Assets like air conditioners, telephones, Samsung tab, office equipments and canteen equipments are in the nature of plant and machinery. Depreciation under section 32 is allowed.

Cash deposited before issue of D.D. – Section 68 addition upheld

June 24, 2022 924 Views 0 comment Print

Explore the U Toll Corporation Ltd vs ACIT case (ITAT Varanasi) on unsecured loans. Analysis of loan discrepancies, cash deposits, and the ITAT decision.

CIT(A) must decide appeal on merits even if assessee not attends appeal proceedings

June 24, 2022 753 Views 0 comment Print

The undisputed fact is that none appeared before the ld. CIT(A) who was convinced that the assessee did not want to pursue the appeal and, therefore, drew support from the decision of the Hon’ble Supreme Court in the case of B.N. Bhattachargee and Other [supra].

Organizing of golf tournament is not educational activity

June 24, 2022 1374 Views 0 comment Print

Rajiv Gandhi Indian Institution of Management Vs DCIT (ITAT Kolkata) ITAT held that so far as organizing golf tournament is concerned, the said event cannot be said to be a part of the educational activity for which the Trust is established. Therefore, so far as golf tournament is concerned the said activity is not educational […]

ITAT quashes section 263 order in respect of correction of arithmetical mistake

June 24, 2022 927 Views 0 comment Print

Explore the Kyal Agencies vs. PCIT case at ITAT Cuttack. Analysis covers sundry creditors, arithmetical mistakes, and sales discount reconciliation. Know why the revision was quashed.

ITAT condones delay in filing of appeal by illiterate agriculturists

June 24, 2022 1659 Views 0 comment Print

Explore the ITAT Chandigarh ruling in Kapoor Singh Vs ITO case, analyzing delay condonation, agricultural assessees issues, and the merit of tax assessments.

Amendment to Sec 36(1)(Va) & 43B by Finance Act, 2021 not applicable to AY 2019-20

June 24, 2022 3177 Views 0 comment Print

In a recent decision, ITAT Bangalore grants deduction for employees contribution to PF and ESI, citing judicial pronouncements. Learn about the case and its implications.

Interest already taxed cannot be taxed again for TDS deduction

June 24, 2022 1293 Views 0 comment Print

Explore the ITAT Ahmedabad decision in Ramanlal Jawanmal Shah HUF vs. ACIT-CPC. Learn why accrued interest income, taxed earlier, can not be taxed again to prevent double taxation.

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