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Denial of Section 54F Deduction Due to Late Registration Date Is Unjustified

October 26, 2024 1515 Views 0 comment Print

ITAT Visakhapatnam held that denial of deduction under section 54F of the Income Tax Act merely because date of registration was beyond the stipulated period as entire consideration paid within the stipulated period.

No section 271AAA penalty as additions were purely on estimate basis

October 25, 2024 840 Views 0 comment Print

Assessee filed an appeal concerning the penalty of ₹20,29,394 levied under Section 271AAA for AY 2008-09. It had initially declared a total income of ₹23,62,74,550 in its Return of Income (ROI).

Stamp duty value on date of agreement to be considered when date of agreement and registration is different

October 25, 2024 3702 Views 0 comment Print

ITAT Kolkata held that when date of agreement and date of registration are not same, then, stamp duty value on the date of agreement should be considered. Accordingly, since difference is less than 10%, hence addition u/s. 56(2)(vii) unjustified.

Completion of revisionary proceeding within short span of 12 days unjustified: Matter restored back

October 25, 2024 600 Views 0 comment Print

ITAT Ahmedabad held that the entire proceedings under Section 263 of the Act were initiated and completed by the PCIT within a period of only 12 days without pointing out reason for lack of enquiry unjustified. Accordingly, matter restored back.

ITAT Delhi Quashes Section 271B Penalty: Clarifies Turnover for Commission Businesses

October 24, 2024 6444 Views 0 comment Print

ITAT Delhi rules in favor of Dharam Singh, clarifying turnover calculation for commission-based businesses under section 271B.

Proving debt become irrecoverable not required after 01.04.1989: ITAT Delhi

October 24, 2024 663 Views 0 comment Print

ITAT Delhi held that the assessee is not required to prove that a particular debt had become bad debt in order to claim deduction on account of bad debt written off pursuant to the amendment made u/s 36(1)(vii) of the Income Tax Act after 01.04.1989.

Addition merely on the basis of statement without corroborating material unsustainable: ITAT Delhi

October 24, 2024 1797 Views 0 comment Print

ITAT Delhi held that addition under section 69A r.w.s. cannot be sustained merely on the basis of the statement. There has to be some material corroborating the content of the statements. Accordingly, appeal allowed and addition deleted.

Expense incurred by holding company on behalf of subsidiary company cannot be treated as deemed dividend

October 24, 2024 2352 Views 0 comment Print

ITAT Delhi held that expense incurred by holding company on behalf of subsidiary company which is not in the nature of loan cannot be treated as deemed dividend u/s. 2(22)(e) of the Income Tax Act.

Interest on delayed payment of custom duty deductible u/s. 37: ITAT Bangalore

October 24, 2024 2955 Views 0 comment Print

ITAT Bangalore held that interest due to delayed payment of custom duty is deductible u/s 37 of the Act as it is an accretion to the main payment and not a penalty and accordingly allowable as deduction.

Addition u/s. 69A unjustified as source of cash deposits duly explained: ITAT Visakhapatnam

October 24, 2024 1209 Views 0 comment Print

Held that the cash deposits are made out of the sale proceeds of the assessee and in my opinion the assessee has properly explained the source of the cash deposits along with documentary evidence.

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