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Legal fiction for deemed dividend should not be extended to broaden concept of shareholders

January 31, 2024 2082 Views 0 comment Print

Legal fiction created u/s. 2 (22)(e) enlarges definition of dividend only and legal fiction is not to be extended further for broadening concept of share holders.

Pending assessments abate as per Section 153A when a search takes place: ITAT Delhi

January 31, 2024 831 Views 0 comment Print

In a significant decision, ITAT Delhi quashes assessment order in Rajender Agarwal Vs ACIT case, citing abatement under Section 153A after a search. Detailed analysis of the legal arguments and implications.

ITAT deletes Section 271(1)(c) Penalty s Notice Issued without specifying limb

January 31, 2024 4011 Views 0 comment Print

Read the full text of ITAT Delhi’s order in Orient Clothing Co. vs. ACIT. Penalty under section 271(1)(c) deleted due to vague notices. Analysis and implications discussed.

Benefit of indexation available while computing book profits u/s 115B

January 30, 2024 1113 Views 0 comment Print

ITAT Mumbai held that benefit of indexation of cost of acquisition is to be given to the assessee while computing long term capital gain for the purpose of section 115JB of the Income Tax Act.

ITAT uphold section 68 addition for Non-Responsiveness & Failure to Produce Evidence

January 30, 2024 801 Views 0 comment Print

Read the full text of ITAT Delhi’s order dismissing SSC Hospitality Pvt Ltd’s appeal due to non-compliance with statutory notices and failure to produce evidence under Section 143(3) of the Income Tax Act.

Section 271D & 271E Penalty Requires Pending Proceedings for Relevant A.Y.

January 30, 2024 1143 Views 0 comment Print

ITAT Delhi cancels penalty imposed under section 271E of the Income Tax Act on Pawan Kumar for loan repayment via bank transfer, challenging jurisdiction and citing legal grounds. Full text of the order included.

Time Limit for Section 271D Penalty Starts at AO Initiation, Not JCIT Notice Date: ITAT Delhi

January 30, 2024 582 Views 0 comment Print

Sunil Dandriyal vs JCIT case underscores significance of understanding the correct starting point for calculating the time limit for penalty proceedings under Section 271D of the Income Tax Act. The decision reinforces the principle that the initiation of penalty proceedings by the AO, rather than the issuance of a show-cause notice by the JCIT, triggers the commencement of the statutory time limit.

AO not examined cost of improvement on building – Section 263 Order Valid

January 30, 2024 282 Views 0 comment Print

Explore the ITAT Chennai order in Rangasamy Rajaram Vs ACIT case, where revision proceedings were upheld, impacting capital gains assessment on property sale.

Rental Income Intended for Charitable & Educational Purposes Eligible for Section 10(23C)(vi) Exemption

January 30, 2024 1941 Views 0 comment Print

Income earned from educational activities is eligible for exemption under Section 10(23C)(vi) of the Income Tax Act. Read the detailed analysis of the ITAT Kolkata ruling in the case of Durgapur Society of Management Science vs ITO.

Non-appearance due to Technical issues in Form 26AS generation: ITAT directs fresh adjudication

January 30, 2024 498 Views 0 comment Print

The appellant’s claim of facing technical glitches in generating Form 26A was acknowledged, leading to the tribunal directing a fresh adjudication.

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