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Penalty u/s 271(1)(b) not imposable for non-compliance of section 142(1)

Case Name : Sh. Sangram Ram S/o Dharma Ram Vs ITO (ITAT Jodhpur)
Appeal Number : ITA Nos. 119 & 120/Jodh/2022
Date of Judgement/Order : 20/01/2023
Related Assessment Year : 2010-11
Courts : All ITAT (14941) ITAT Jodhpur (76)
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Penalty u/s 270A deleted as quantum of addition not finalized

Case Name : CVMV Reddy’s Educational &
Appeal Number : Public Charitable Trust Vs ACIT (ITAT Chennai)
Date of Judgement/Order : I.T.A. Nos. 992,1033 &
Related Assessment Year : 1034/Chny/2022
Courts : All ITAT (14941) ITAT Chennai (856)
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Asset cannot be said to be held as stock-in-trade in absence of evidence proving the same

Case Name : Ranjit Shivram Raut Vs ITO (ITAT Mumbai)
Appeal Number : ITA No.1902/MUM/2020
Date of Judgement/Order : 16/11/2022
Related Assessment Year : 2014-15
Courts : All ITAT (14941) ITAT Mumbai (3579)
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TDS credit cannot be denied for non-furnishing of declaration u/r 37BA(2) while clubbing of income

Case Name : Anil Ratanlal Bohora Vs ACIT (ITAT Pune)
Appeal Number : ITA No. 675/PUN/2022
Date of Judgement/Order : 19/01/2023
Related Assessment Year : 2021-22
Courts : All ITAT (14941) ITAT Pune (714)
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On-money receipts taxable as unaccounted sales only to the extent of net profit rate

Case Name : JCIT Vs Narayan Land Estate (ITAT Ahmedabad)
Appeal Number : I.T.A. No. 1836/Ahd/2019
Date of Judgement/Order : 10/06/2022
Related Assessment Year : 2016-2017
Courts : All ITAT (14941) ITAT Ahmedabad (1125)
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Exemption u/s 54F available towards purchase of residential property one year before the sale of capital asset

Case Name : Akshay Janak Shah Vs CIT (ITAT Mumbai)
Appeal Number : ITA No. 267/MUM/2022
Date of Judgement/Order : 24/01/2023
Related Assessment Year : 2014-15
Courts : All ITAT (14941) ITAT Mumbai (3579)
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Return from a Development Agreement in favour of land owner is capital gain

Case Name : CIT Vs Machino Techno Sales Ltd. (Calcutta High Court)
Appeal Number : ITA/160/2011
Date of Judgement/Order : 20/02/2023
Related Assessment Year : 2005-06
Courts : All High Courts (13929) Calcutta High Court (840)
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Expenditure of customer contracts & assembled workforce which will give enduring benefit is capital in nature

Case Name : Genpact Services LLC Vs DCIT (ITAT Delhi)
Appeal Number : ITA No.2524/Del/2016
Date of Judgement/Order : 31/01/2023
Related Assessment Year : 2010-11
Courts : All ITAT (14941) ITAT Delhi (3704)
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Leasing or hiring of Rigs are taxable as business profit u/s. 44BB of Income Tax Act

Case Name : UMW Sher (L) Ltd. Vs Assessing Officer (ITAT Delhi)
Appeal Number : ITA Nos.569 &
Date of Judgement/Order : 570/Del/2021
Related Assessment Year : 01/02/2023
Courts : All ITAT (14941) ITAT Delhi (3704)
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TDS credit denial merely because the same is in the name of deceased person unsustainable

Case Name : Sh. Varinder Pal Vs ITO (ITAT Amritsar)
Appeal Number : I.T. A. No. 33/Asr/2022
Date of Judgement/Order : 31/01/2023
Related Assessment Year : 2016-17
Courts : All ITAT (14941) ITAT Amritsar (160)
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