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All ITAT

Set off of excess utilization of fund & accumulation of income is permissible in law

April 16, 2022 4590 Views 0 comment Print

Shri Ram Sharnam Sabha Regd. Vs ITO (ITAT Delhi) Facts- The assesse is a society, engaged in religious and charitable activities. This society is running Ashrams and Medication programmes and was duly granted registration u/s 12AA. The assessee filed its ITR for AY 2016-17 declaring a taxable income of Rs. Nil. The AO noticed that […]

Section 57(iii) Expenditures allowable in spite of denial of Section 11 & 12 benefits

April 16, 2022 2625 Views 0 comment Print

Delhi High Court in the case of DDIT (E) vs Petroleum Sports Promotion Board (Supra) it is clear that in case of a charitable society even if benefit u/s 11 & 12 of the Income Tax Act, 1961 is denied and its income was brought to tax as income from other sources, all relevant expenditures were also to be allowed.

Reasonable cause for failure to submit Tax Audit Report- ITAT deletes Penalty

April 15, 2022 3246 Views 0 comment Print

Air India Air Transport Services Ltd. Vs DCIT (ITAT Mumbai) We find some force in the submission of assessee that assessee being a Public sector company Act had to submit its audit report in Form 3CA in which report u/s 44AB is required to be submitted for the said purpose. The Tax Audit report u/s […]

Advance from Overseas Patients – Capital or Revenue Receipts?

April 15, 2022 699 Views 0 comment Print

ITO Vs Dr. Sunitha Agarwal (ITAT Bangalore) The advance received from patients cannot remain perpetually so and even after passage of 46 months, it has not been recognized as revenue. Hence the claim of the assessee that the receipts are capital in nature may not be entertained. Revenue before us is alleging the genuineness of […]

Using Agricultural Produce for feeding Orphanage kids is Charitable Activity

April 15, 2022 444 Views 0 comment Print

Roman Catholic Diocese of Eluru Vs ACIT (Exemptions) (ITAT Visakhapatnam) Brief facts of the case are that the assessee is a Registered Society under the Societies Registration Act and is also registered u/s. 12A of the IT Act, 1961. The assessee is carrying out medical and educational activities and conducting pastoral activities in the name […]

ITAT condones delay of 41 Months- No supposition that everybody is custodian of law

April 15, 2022 1179 Views 0 comment Print

St. Francis De Sales Church Trust Vs ACIT (ITAT Mumbai) On a perusal of order of Ld.CIT (A) we find that the Ld.CIT (A) dismissed the appeal of the assessee, as un-admitted being not satisfied with the reasons adduced by the assessee for delay of 41 months in filing the appeal. The assessee explained that “It […]

Architect Fee Paid related to Transfer of Development Rights Allowable

April 15, 2022 975 Views 0 comment Print

Standard Industries Limited Vs DCIT (ITAT Mumbai) Assessing Officer has disallowed the claim of expenditure incurred towards the architect fees of ₹33,67,200/- while computing capital gain on transfer of development right. The Assessing Officer was of the view that architect fees cannot be considered as incurred wholly and exclusively in connection with the transfer as […]

Reassessment Notice Issued with approval of JCIT instead of CIT is invalid

April 15, 2022 2007 Views 0 comment Print

Global Associates Vs DCIT (ITAT Bangalore) In the instant case, undisputed fact is that the assessee was not earlier assessed to tax for assessment year 2005-06 and hence no assessment order u/s 143(3) of the Act is available. In that situation, the provisions of section 151(2) of the Act is applicable to the facts of […]

Violation of RBI notification not attracts Section 68 addition – Deposit of demonetized notes

April 15, 2022 3567 Views 0 comment Print

ITAT unable to understand as to how the contraventions, if any, of the notification issued by RBI would attract the provisions of sec. 68 of the Income tax Act.

ITAT deletes disallowance of employees contribution towards PF & ESI paid belatedly

April 14, 2022 4284 Views 0 comment Print

The assessee filed its return of income on 15.10.2019 which was processed u/s 143(1) of the Act whereby an adjustment was made on account of disallowance of claim of deduction with respect to employees’ contribution towards PF and ESIC deposited belatedly.

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