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Disallowance of sales promotion expense deleted as disallowance is very less as compared to turnover

December 10, 2024 1401 Views 0 comment Print

ITAT Ahmedabad deleted disallowance of sales promotion expenditure since disallowance constitutes small percentage as compared to turnover of the assessee and also there is no allegation of expenditure incurred in cash.

Disallowance not justified as expenditure mistakenly presumed as personal expenditure: ITAT Delhi

December 10, 2024 876 Views 0 comment Print

ITAT Delhi held that disallowance @10% of personnel expenditure not justified since AO mistakenly presumed expenses claimed by assessee as personal expenditure instead of personnel expenditure. Thus, appeal allowed.

Penalty notice u/s. 271(1)(c) without specifying correct limb is invalid: ITAT Kolkata

December 10, 2024 1002 Views 0 comment Print

A proceeding u/s 271(1) (c) of the Act was initiated against the assessee as during the assessment proceedings u/s 143(3) of the Act it was seen that in the ABN Amro Bank account of the assessee a cash amounting to Rs. 20 Lakh was deposited.

Assessment proceedings based on invalid notice is liable to be quashed: ITAT Kolkata

December 10, 2024 1593 Views 0 comment Print

ITAT Kolkata held that notice issued under section 143(2) of the Income Tax Act by AO not having valid jurisdiction is not sustainable in law. Accordingly, assessment proceeding based on an invalid notice is liable to be quashed.

Imposition of penalty u/s. 271(1)(c) for highly debatable issue not justified: ITAT Bangalore

December 10, 2024 1062 Views 0 comment Print

Assessee is a credit cooperative society engaged in the business of providing credit facilities to its members for A.Y. 2014 – 15, filed its return of income after claiming deduction u/s. 80 P (2) (a) of the income tax act.

Amendment to section 43CA vide Finance Act 2020 has retrospective application: ITAT Kolkata

December 10, 2024 906 Views 0 comment Print

ITAT Kolkata held that amendment to section 43CA of the Income Tax Act vide the Finance Act, 2020 via which tolerance band for deviation between actual sale price and stamp duty valuation increased from 5% to 10% has retrospective application.

Section 50C doesn’t applicable while calculating WDV for claiming depreciation on block of asset

December 10, 2024 1332 Views 0 comment Print

ITAT Mumbai held that the deeming fiction of section 50C Income Tax Act cannot be extended while working out the written down value (WDV) for the purpose of claiming deprecation on the block of the asset. Thus, disallowance made is liable to be deleted.

Delay of 611 days condoned as assessee being layperson has limited familiarity with e-portal system

December 10, 2024 750 Views 0 comment Print

ITAT Ahmedabad condoned the delay of 611 days in filing of an appeal considering the fact that the assessee is a layperson with limited familiarity with the intricacies of the e-portal system.

Disallowance of short term capital loss unjustified as no evidence disproves genuineness of transaction

December 9, 2024 1323 Views 0 comment Print

ITAT Mumbai held that disallowance of short term capital loss not justified since there is no evidence on record based on which genuineness of transactions can be doubted. Hence, held that conclusion drawn by AO is wholly irrational and unsustainable.

Income Tax: No Section 201(1A) Interest if Lower Deduction adjusted in later months

December 9, 2024 1398 Views 0 comment Print

ITAT Mumbai held that levy of interest under section 201(1A) of the Income Tax Act for lower deduction of TDS not justified since the lower deduction in earlier months were due to bonafide reasons and the same was adjusted in later months.

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