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Assessment order quashed as mere technical approval granted u/s. 153D: ITAT Delhi

April 9, 2025 1392 Views 0 comment Print

ITAT Delhi held that the approval granted u/s. 153D in the nature of a ‘technical approval’ in symbolic exercise of powers under s. 153D. Hence, the consequential assessment orders based on such repugnant approval under s. 153D is bad in law in tune with earlier years.

ITAT Quashes Sec. 271(1)(c) Penalty on Bank Credit Entries, Condones 1607-Day Delay

April 9, 2025 777 Views 0 comment Print

ITAT Ahmedabad allows appeal despite 1607-day delay citing medical hardship. Penalty u/s 271(1)(c) questioned over income assessment.

Employees’ contribution to PF/ESI after statutory due dates not deductible: ITAT Ahmedabad

April 9, 2025 528 Views 0 comment Print

ITAT Ahmedabad held that employees’ contribution to PF/ESI after statutory due dates but before due date of filing income tax returns not allowable as deduction. Accordingly, appeal of the assessee dismissed.

Addition based on dumb seized document not sustainable: ITAT Delhi

April 9, 2025 4842 Views 0 comment Print

ITAT Delhi held that seized document merely indicates some rates than pinpointing any specific on-money payment or receipt; as the case may be, involving the assessee. Thus, addition is liable to be deleted.

No Section 271(1)(c) Penally on additions on estimated basis: ITAT Ahmedabad

April 8, 2025 759 Views 0 comment Print

ITAT Ahmedabad cancels penalty on I-Serve Systems as disallowance was based on estimation without proof of concealment or inaccurate income details.

Adhoc addition post rejection of books of accounts unwarranted: ITAT Delhi

April 8, 2025 1473 Views 0 comment Print

ITAT Delhi held that once the books of accounts are rejected, it doesn’t warrant any adhoc addition. Thus, CIT(A) rightly restricted GP @ 1% instead of 1.5% as estimated by AO. Appeal dismissed, accordingly.

Payment of interest and penalty due to default in payment of license fee is revenue expenditure

April 8, 2025 717 Views 0 comment Print

ITAT Delhi held that interest and penalty due to default in payment of license fee is merely compensatory in nature and hence the same is revenue expenditure. Accordingly, PCIT classifying them to be capital expenditure is not sustainable.

Addition u/s. 68 not tenable post rejection of books of accounts: ITAT Indore

April 8, 2025 2619 Views 0 comment Print

ITAT Indore held that addition under section 68 of the Income Tax Act, after rejection of books of accounts under section 145, by the AO is not justifiable in law. Accordingly, AO is directed to delete the addition.

Addition Under Section 69A Unsustainable Without Evidence: ITAT Mumbai

April 8, 2025 1434 Views 0 comment Print

ITAT Mumbai removes additions under Section 69A on alleged loan in Mangeram Sharma case due to lack of evidence and retracted statement.

Income from sale of scrap eligible for deduction u/s. 80IC: ITAT Ahmedabad

April 8, 2025 831 Views 0 comment Print

ITAT Ahmedabad held that income from sale of scraps generated through production process reducing cost of product is eligible for deduction under section 80IC of the Income Tax Act. Accordingly, appeal of revenue dismissed.

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