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Section 14A Disallowance cannot exceed Exempted Income: ITAT Bangalore

March 21, 2024 372 Views 0 comment Print

Read the full text of the order of ITAT Bangalore in Ambika Ghorpade Vs ACIT case, discussing disallowance u/s 14A of Income Tax Act and expenses under section 37(1).

Section 263 cannot be invoked if here is no prejudice against revenue

March 21, 2024 435 Views 0 comment Print

Ahmedabad ITAT quashes Sec 263 order in Soham Buildcon vs PCIT-3 case, citing absence of twin conditions for exercising power under the provision. Full text analysis provided.

Claim of Cash-In-Hand from Business Profits cannot be rejected without Clear Findings

March 21, 2024 513 Views 0 comment Print

Delhi ITAT ruling on Manish Kumar Mittal Vs ITO case clarifies treatment of cash-in-hand from business profits declared under Sec 44AD, preventing it from being added as unexplained money.

Deemed Short-Term Capital Gains from Depreciable Asset Sale Eligible for Setoff Against Long-Term Capital Loss

March 21, 2024 624 Views 0 comment Print

Explore how DCIT vs. Claris Lifesciences Limited case sets precedent for setting off deemed short-term capital gain on sale of depreciable against long-term capital loss.

Penny Stock Sale Not ‘Unaccounted Income’ if Purchase not doubted

March 21, 2024 552 Views 0 comment Print

ITAT Ahmedabad overturns AO’s decision, ruling that penny stock sale cannot be treated as unaccounted income if the purchase is genuine. Details of the case and verdict provided.

AO treated share purchase bogus for non-submission of Share Certificate: ITAT Directs AO to Re-compute Tax 

March 21, 2024 210 Views 0 comment Print

In a case involving share purchase discrepancies, ITAT Mumbai directs the AO to re-calculate tax liabilities after verifying relevant documents. Full text of the order provided.

Receipt as confirming party on sale of right is income taxable under capital gain: ITAT Ahmedabad

March 21, 2024 1896 Views 0 comment Print

ITAT Ahmedabad held that amount received as confirming party on sale of right is considered as receipts on sale of capital asset and accordingly, income is held as income from long term capital gain.

Revision u/s. 263 unwarranted as plausible view taken by AO after considering replies: ITAT Indore

March 21, 2024 324 Views 0 comment Print

ITAT Indore held that assessment done after considering replies/ submissions of the assessee cannot be said to be faulty. AO has taken a plausible view after considering replies/ submissions and hence revisional jurisdiction u/s. 263 of the Income Tax Act not warranted.

Receiving funds from a company alone doesn’t imply income evasion

March 21, 2024 570 Views 0 comment Print

The mere receipt of funds from M/s Solvent Real Estate Pvt. Ltd. did not constitute tangible evidence of income escapement by the assessee. Despite efforts by the assessee to provide explanations and evidence, the AO failed to conduct independent inquiries and relied solely on the information received.

Valid satisfaction note mandatory for initiation of search assessment on ‘other person’: ITAT Mumbai

March 21, 2024 705 Views 0 comment Print

ITAT Mumbai held that for initiation of search assessment on the ‘other person’ recording of valid satisfaction note as required under section 153C of the Income Tax Act is mandatory. In absence of the same, subsequent framing of assessment order u/s 153C/143(3) of the Act is null in the eyes of law.

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