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Section 43B Doesn’t Apply to Unclaimed Service Tax Liabilities: Delhi ITAT

December 22, 2024 843 Views 0 comment Print

ITAT Delhi rules that Section 43B does not apply to unclaimed service tax liabilities, partially allowing the appeals of Sircar Securities for AY 2017-18 and 2019-20.

Addition to items not forming part of reassessment not sustainable: ITAT Kolkata

December 22, 2024 1080 Views 0 comment Print

ITAT Kolkata held that in course of reassessment, AO concludes that no additions or modifications are warranted under these heads, it would not be entitled to make any additions in respect of other items forming part of original return.

Deduction u/s. 80P(2)(d) allowable towards interest from deposits with co-op banks

December 21, 2024 5946 Views 0 comment Print

ITAT Ahmedabad held that interest income earned from deposits with co-operative banks is allowable as deduction under section 80P(2)(d) of the Income Tax Act. Accordingly, the appeal is allowed.

Disallowance of deduction u/s. 54F merely due to delay in completion of construction not justifiable

December 21, 2024 2559 Views 0 comment Print

ITAT Ahmedabad held that delay in the completion of construction of the house will not be a bar to the assessee for claiming the exemption provided u/s.54F of the Income Tax Act. Accordingly, deduction granted.

Each and every addition cannot be base for levy of penalty u/s. 271(1)(c): ITAT Surat

December 21, 2024 1485 Views 0 comment Print

ITAT Surat held that each and every addition cannot be a basis for levying a penalty under section 271(1)(c) of the Income Tax Act. There has to be deliberate furnishing of inaccurate particulars or concealed income for levy of penalty.

Adoption of section 50C justified on difference in sale consideration in sale deed and stamp value adopted by officer

December 21, 2024 10416 Views 0 comment Print

ITAT Bangalore held that once the sale consideration mentioned in the sale deed differs from the stamp value adopted by the officer, AO has to adopt the procedures contemplated u/s. 50C of the Act. Accordingly, appeal filed by the assessee dismissed.

Ex-parte order set aside as non-production of documents before lower authorities duly explained

December 21, 2024 1530 Views 0 comment Print

ITAT Ahmedabad held that assessee satisfactorily explained non-production of documents before lower authorities. Accordingly, ex-parte order passed is set aside and matter is remanded back to AO for fresh consideration.

Disallowance u/s. 14A while computing book profit u/s. 115JB not justifiable: ITAT Mumbai

December 21, 2024 687 Views 0 comment Print

ITAT Mumbai held that there is no relation of disallowance u/s. 14A while computing the book profit u/s. 115JB. Thus, lower authorities were not correct in adding notional expenditure as computed u/s. 14A and increasing the book profit by that sum u/s. 115JB.

Section 270A Penalty Notice Without specifying Specific Charge Invalid: ITAT Chennai

December 21, 2024 4671 Views 0 comment Print

ITAT Chennai held that notice u/s 274 r.w.s.270A of the Act was not a valid notice for the reason that the AO did not specify the satisfaction as to whether assessee had either ‘under reported the income or ‘misreported the income’.

Transfer Price of Goods Sold via AE Allowed Based on ‘Other Method’ Instead of CUP

December 20, 2024 834 Views 0 comment Print

ITAT Mumbai allows Transfer Pricing determination for Rallis India Ltd. using the ‘Other Method’ instead of CUP. Key points on ALP adjustments and deductions.

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