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No addition u/s 69A for unexplained cash loan as assessee provided sufficient evidence

February 3, 2025 1707 Views 0 comment Print

Addition made under Section 69A for an alleged unexplained cash loan was not justified as assessee provided evidence of receiving the loan through banking channels and not through cash.

No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions

February 3, 2025 1887 Views 0 comment Print

Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and  assessee was not of an agency but that of two independent parties on principal to principal basis.

No denial of deduction u/s 80IA(4) for delayed filing of Form 10CCB Audit Report

February 3, 2025 1503 Views 0 comment Print

Deduction under section 80IA(4) couldn’t be denied solely due to the delayed filing of Form 10CCB, as the audit report was filed before the return was processed.

No taxability on Lease Premiums and Rent collected as custodian of State Government

February 3, 2025 573 Views 0 comment Print

Lease premium and other charges received by assessee on behalf of the Government of Maharashtra and the ownership of the land remained with the State Government. Assessee’s role was confined to the development and management of industrial areas.

Requirement to explain ‘source of source’ was restricted to Share Capital and couldn’t be extended to unsecured Loans

February 2, 2025 2739 Views 0 comment Print

Assessee had satisfactorily explained the source of credits in his books and consequently, CIT(A) had rightly deleted the additions after relying on various judgments made by AO.

Addition u/s. 40(a)(ia) not sustained as profit is estimated by applying net profit rate

February 1, 2025 1131 Views 0 comment Print

ITAT Jodhpur held that if the books of accounts are rejected, and net profit is estimated by application of net profit rate, there cannot be again addition on account of any disallowance based on the same set of books of accounts. Thus, addition u/s. 40(a)(ia) set aside.

Denial of exemption u/s. 54B for purchase of agricultural land in name of wife not justified

February 1, 2025 993 Views 0 comment Print

ITAT Delhi held that denial of exemption under section 54B of the Income Tax Act for purchase of agricultural land in the name wife of the assessee is not justifiable. Accordingly, denial of benefit of deduction set aside.

Society not entitled to exemption under sections 11 and 12 due to non-filing of return of income

February 1, 2025 840 Views 0 comment Print

ITAT Raipur held that exemption under section 11 and section 12 of the Income Tax Act not admissible to assessee society due to non-furnishing of return of income as required u/s. 12A(1)(b) of the Income Tax Act.

No addition u/s 68 for long-term capital gain on sale of shares as independent investigation was not conducted by AO

February 1, 2025 1101 Views 1 comment Print

When an assessee deposes on oath giving explanation of the reasons and circumstances for investment, the same could not be brushed aside on the basis of general principles of the modus operandi of bogus LTCG claims.

Exemption Under Section 54F Allowed Even If Claimed Post section 148 notice

February 1, 2025 2121 Views 0 comment Print

ITAT Visakhapatnam rules exemption under Section 54F can be claimed even if made after a notice under Section 148 of the Income Tax Act.

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