ITAT Chennai upholds a hospital’s claim for a tax deduction under Section 35AD, ruling that a medical director’s certificate and other evidence confirm the 100-bed requirement was met, despite initial departmental findings.
In ACIT vs. Hallmark Suppliers Pvt. Ltd., the ITAT Ranchi upheld the deletion of a Rs. 6 crore income addition, ruling that the director’s statement alone, without corroborative evidence, could not be the basis for assessment.
Chennai ITAT rules that S. 194C(6) (obtaining PAN) and S. 194C(7) (filing statement) are independent. A procedural lapse in filing Form 26Q cannot justify a disallowance u/s 40(a)(ia).
The ITAT Delhi ruled that an Assessing Officer could not disregard the Tribunal’s prior order regarding the manual vs. electronic filing of Form 10, deleting the disallowance.
The ITAT Delhi dismissed the revenue’s appeal, ruling that interest on External Development Charges (EDC) is a deductible revenue expense, not a penal or capital one.
ITAT Delhi partly allows assessee’s appeal, holding Rs.70.46 lakh addition for Kolkata property wrongly made in wife’s hands; entire investment made and disclosed by husband.
ITAT Chennai held that invocation of revisionary proceedings under section 263 of the Income Tax Act not justified as AO has applied his mind and revision u/s. 263 cannot be possible for mere change of opinion. Accordingly, appeal allowed.
ITAT Chennai held that adhoc disallowance of expenses merely on the basis of suspicion without adequate evidence and cogent reason is not tenable in law. Accordingly, adhoc disallowance under repair and maintenance and sundry expense set aside.
ITAT Pune rules that PCIT cannot revise an assessment under Section 263 if the AO took a plausible view. The 10% tolerance limit under Section 43CA is retrospective.
ITAT Chennai held that addition under section 69A of the Income Tax Act towards cash deposit during demonetization not justified since assessee has sufficiently explained that the said deposit is from earlier withdrawal. Accordingly, appeal allowed.
