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ITAT Cochin

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

July 4, 2023 687 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 957 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.

Benefit of deduction of 7.5% of total income available to co-operative banks u/s. 36(1)(viia)

May 18, 2023 1497 Views 0 comment Print

ITAT Cochin held that benefit of deduction of 7.5% of the total income is available to co-operative banks under clause (viia) of section 36(1) of the Income Tax Act.

Amendment to section 40(a)(ia) vide Finance Act 2020 is retrospective in nature

April 29, 2023 7362 Views 1 comment Print

ITAT Cochin held that amendment to section 40(a)(ia) of the Income Tax Act made by the Finance Act 2020 is retrospective in nature. Accordingly, TDS deposited on or before the due date of filing return u/s 139(1) is allowable.

Assessee can claim TDS credit of Interest income of deceased wife reflected in return

April 11, 2023 3882 Views 0 comment Print

ITAT Cochin held that as assessee dutifully declared interest income of deceased wife’s deposit in his return, assessee is duly eligible to get credit of his deceased wife’s TDS.

Freezer deposits taxable in year of termination of agreement between supplier & distributor

April 9, 2023 1392 Views 0 comment Print

ITAT Cochin held that freezer deposits is taxable only on the year of termination of the agreement between the assessee (supplier) and the dealer/ distributor.

Late fee u/s 234E for processing for period prior to 1st June 2015 unsustainable

April 9, 2023 264 Views 0 comment Print

ITAT Cochin held that levy of late fee under section 234E for processing for period prior to 1st June 2015 is unsustainable and bad-in-law.

Deduction u/s 54F not deniable on ground of pre-owning of residential house in foreign

March 30, 2023 1038 Views 0 comment Print

ITAT Cochin held that as per condition mentioned in section 54F deduction is not available if the assessee owns more than one residential house, other than the new asset. The same should be interpreted to mean ownership of residential houses in India. Accordingly, deduction u/s. 54F not deniable if assessee owns two residential houses in USA

Income recorded on estimated basis supported with possible evidence is acceptable

January 16, 2023 1800 Views 0 comment Print

ITAT Cochin held that agricultural income recorded on estimated basis needs to accepted as it was supported by all the possible evidence for estimating income. Revenue has not brought anything on record to show the income estimated and the percentage of expense claimed is not correct.

If assessee not earned exempted income, there cannot be section 14A disallowance

November 24, 2022 882 Views 0 comment Print

Vertex Securities Ltd Vs ITO (ITAT Cochin) The assessee has made an investment in equity shares of Rs.5,84,10,100/-. The dividend from such investment is exempted from the tax. Accordingly, AO computed the disallowance u/s 14A of the Act at Rs.11,84,111/-. The same was confirmed by the Ld. CIT(A). Before us, Ld. A.R. submitted that assessee […]

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