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ITAT Cochin

Latest Posts in ITAT Cochin

Disallowance u/s. 14A without recording proper satisfaction untenable: ITAT Cochin

October 8, 2024 147 Views 0 comment Print

ITAT Cochin held that disallowance under section 14A read with rule 8D of the Income Tax Rules in a mechanical manner without recording proper satisfaction is unsustainable in law. Accordingly, addition set aside.

Denial of permanent registration to existing trust on allegation of belated application unjustified

October 8, 2024 144 Views 0 comment Print

ITAT Cochin held that denial of registration u/s. 80G to the existing trust alleging belated filing of application applying sub clause (iii) of proviso to section 80G(5) unjustified as the same apply to newly formed trust only.

AO cannot treat section 153D as pari-materia to section 148 mechanism: ITAT Cochin

September 5, 2024 141 Views 0 comment Print

ITAT Cochin held that treating section 153D of the Income Tax Act as pari-materia to section 148 mechanism without any such indication in the Act is unjustified and hence matter remanded back to CIT(A).

Consolidated Imposition of Sections 271D & 271E Penalty Unjustified: ITAT Cochin

August 26, 2024 303 Views 0 comment Print

ITAT Cochin held that imposition of penalty u/s. 271D and 271E of the Income Tax Act  in consolidated manner is unjustified as AO has to point out each entry where such acceptance or repayment is Rs. 20,000/- or more.

Analysis of Carmel Convent Vs. ITO (Exemption) & Its Implications for Charitable Trust Exemptions

April 10, 2024 882 Views 0 comment Print

Explore the legal intricacies of Carmel Convent vs. Income-tax Officer (Exemption) case decided by ITAT Cochin Bench, analyzing its implications for charitable trust exemptions.

UAE Resident Assessee: Mutual Fund STCG Tax Exemption under India-UAE DTAA

February 19, 2024 3300 Views 0 comment Print

Explore the DCIT vs K.E. Faizal case where the ITAT Cochin ruled on taxation of mutual fund gains, analyzing the application of India-UAE Double Taxation Avoidance Agreement.

ITAT upholds penalty for failure to furnish audit report without reasonable cause

July 14, 2023 933 Views 0 comment Print

The ITAT Cochin has upheld the penalty imposed on Paravur Service Cooperative Bank for its failure to furnish the audit report of its accounts audited by the Cooperative Department Auditor within the specified date under Section 44AB of the Income Tax Act.

ITAT Cochin Sets Aside CIT(A) Order for Lack of Reasoning on Issues Raised

July 14, 2023 267 Views 0 comment Print

ITAT Cochin order for Karalam Service Co-operative Bank Ltd Vs ITO. Order was set aside due to CIT(A) failing to provide reasons for decision on issues raised by assessee.

Imposition of late fees for delay in filing of TDS/ TCS statement prior to 01.06.2015 is bad-in-law

July 4, 2023 645 Views 0 comment Print

ITAT Cochin held that prior to 1st June 2015, there was no provision enabling demand in respect of levy of fees u/s 234E for late filing of TDS/ TCS statement. Accordingly, imposition of late fees prior to 1st June 2015 is bad-in-law.

No Section 271B penalty for delay due to illness of a partner & hardware damage

May 25, 2023 903 Views 0 comment Print

ITAT Cochin held that delayed audit report, due to illness of a partner and hardware damage, constituted a technical venial breach that did not result in any loss to exchequer.

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