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Initiation of proceedings u/s. 148 based on material found during search invalid: ITAT Delhi

December 20, 2024 6411 Views 0 comment Print

ITAT Delhi held that based on incriminating materials unearthed during the course of search, proceedings under section 153C of the Income Tax Act needs to be initiated. Hence, initiation of proceedings u/s. 148 illegal and void ab initio.

No Need to Prove Bad Debt Once Written Off in books: ITAT Hyderabad

December 20, 2024 972 Views 0 comment Print

AO on perusal of the details submitted by the assessee observed that the assessee could not prove the bad debts written off in its books of accounts are, in fact bad debts and irrecoverable with relevant evidences.

Fair market value on area allotted under occupancy certificated accepted: ITAT Bangalore

December 20, 2024 249 Views 0 comment Print

AO also made an addition on account of refundable security deposits paid by the developer to the assessee while entering the Joint Development Agreement as income of the assessee.

Indexation Benefit Admissible for Assets held in foreign countries: ITAT Mumbai

December 20, 2024 4041 Views 0 comment Print

ITAT Mumbai held that benefit of cost inflation index admissible as per second proviso to section 48 of the Income Tax Act. Accordingly, indexation benefit admissible even in respect of assets held in foreign countries.

ITAT Delhi remands Matter as CIT(A) Failed to Examine Section 148 Jurisdiction Validity

December 20, 2024 390 Views 0 comment Print

ITAT Delhi remanded the matter back to CIT(A) since CIT(A) failed to examined the validity of jurisdiction under section 148 of the Income Tax Act. Accordingly, order set aside and matter remanded back.

Denial of relief u/s. 90 for delay in filing of Form 67 not justified: ITAT Kolkata

December 20, 2024 279 Views 0 comment Print

ITAT Kolkata held that since filing of Form 67 is procedural in nature, delay in filing of the same cannot be the reason for denial of relief under section 90 of the Income Tax Act. Accordingly, appeal allowed.

Interest from co-operative bank eligible for deduction u/s. 80P(2)(d): ITAT Kolkata

December 20, 2024 492 Views 0 comment Print

ITAT Kolkata held that CIT(A) rightly allowed interest earned from a co-operative bank as eligible for deduction under section 80P(2)(d) of the Income Tax Act. Accordingly, appeal filed by revenue dismissed.

Addition Not Sustained as No Incriminating Material Found & Assessment Completed on Search Date

December 20, 2024 354 Views 0 comment Print

ITAT Chandigarh held that no incriminating material found during course of search and assessment is completed during date of search hence addition under section 68 of the Income Tax Act not sustainable.

Ex-parte order set aside and cost imposed on assessee for non-compliance and procedural delay

December 19, 2024 4266 Views 0 comment Print

ITAT Ahmedabad imposed cost of Rs. 5,000 on the assessee due to non-compliance and procedural delay. Accordingly, ex-parte order passed by CIT(A) set aside and matter remitted back to CIT(A).

Notice issued u/s. 148 after period of six years for AY 2015-16 is barred by limitation: ITAT Mumbai

December 19, 2024 30843 Views 0 comment Print

ITAT Mumbai held that validity of notice issued under section 148 of the Income Tax Act for AY 2015-16 is six year which expires on 31.03.2022. Accordingly, notice issued on 29.07.2022 u/s. 148 is barred by limitation.

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