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ITAT Imposes Costs on Non-Responsive Assessee, Directs CIT(A) to Conduct Fresh Hearing

April 10, 2025 1203 Views 0 comment Print

ITAT Jaipur remands case on S.40A(3) non-compliance to CIT(A), imposing Rs. 2,000 cost for assessee’s non-compliance. (158 Characters)

ITAT Allows TDS Credit Despite Omission in Return, Upholds Substantive Justice Over Technicalities

April 10, 2025 2001 Views 0 comment Print

ITAT Delhi upholds CIT(A) decision, allowing TDS credit after verification, even if not claimed in return, ensuring fair tax collection.

ITAT Directs Fresh Adjudication on Rs. 17.2 Crore Unsecured Loans Addition

April 10, 2025 804 Views 0 comment Print

ITAT Ahmedabad restores assessment, citing denial of fair opportunity and inadequate evidence review by AO in Sections 69A/69C case. (159 Characters)

Discount on issue of ESOP allowed as deduction: ITAT Delhi

April 10, 2025 996 Views 0 comment Print

ITAT Delhi held that discount on issue of Employee Stock Ownership Plan [ESOP] is allowable as deduction under section 37 of the Income Tax Act. Accordingly, additional claim of ESOP expense allowed.

Penalty u/s. 270A not leviable as order & notice failed to specify applicable limb

April 10, 2025 3375 Views 0 comment Print

ITAT Pune held that penalty under section 270A is not leviable since neither the assessment order nor the notice issued u/sec.274 r.w.s.270A the Assessing Officer has specified the limb under which the case of the assessee falls.

PCIT cannot exercise revisionary power u/s. 263 to restore issue for verification purpose: ITAT Ahmedabad

April 10, 2025 531 Views 0 comment Print

ITAT Ahmedabad held that PCIT cannot exercise revisionary power u/s. 263 to restore an issue for the purpose of verification only since restoring matter for verification means that PCIT is not sure of assessment order being erroneous causing prejudice to the revenue.

Exemption u/s. 10(23C)(vi) denied as hostel fees charged is significantly high: ITAT Ahmedabad

April 10, 2025 630 Views 0 comment Print

ITAT Ahmedabad held that exemption under section 10(23C)(vi) of the Income Tax Act is admissible to the trust has exist solely for educational purpose, thus since the hostel fees charged by the trust is significantly high the activity amounts to ‘trade, commerce and business’ hence exemption denied.

Cash Deposit During Demonetization from Liquor Sales: Addition u/s 69 Unjustified

April 10, 2025 1353 Views 0 comment Print

ITAT Chennai held that cash sales of liquor is the source of cash deposit during demonetization and accordingly, since the nature and source of investment fully explained by the assessee, addition u/s. 69 of 69A not justifiable.

Presumptive taxation u/s. 44AD applicable to nursing home since not classified as profession

April 10, 2025 1785 Views 0 comment Print

ITAT Mumbai held that presumptive taxation scheme under section 44AD of the Income Tax Act is duly applicable to nursing home since the assessee cannot be classified as a ‘person’ engaged in the ‘medical profession’.

Reassessment u/s. 148 is invalid if based on borrowed satisfaction: ITAT Hyderabad

April 10, 2025 2538 Views 0 comment Print

ITAT Hyderabad held that re-assessment under section 148 merely based on borrowed satisfaction, without any independent verification and application of mind, is invalid and liable to be quashed. Accordingly, notice u/s. 148 and consequent order quashed.

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