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Judiciary

Addition u/s. 68 unsustainable as assessee duly discharged initial burden but AO failed to conduct independent inquires: ITAT Kolkata

March 20, 2024 813 Views 0 comment Print

ITAT Kolkata held that addition u/s. 68 of the Income Tax Act towards unexplained share application money is unsustainable as assessee has successfully discharged the burden of proof primarily casted upon it, however, AO failed to conduct independent inquires.

AO cannot make adhoc disallowance under Section 40A(2)

March 20, 2024 399 Views 0 comment Print

Explore case of Manipal Hospitals (Dwarka) Pvt Ltd vs. ACIT where ITAT Bangalore ruled that AO cannot make adhoc disallowance under Section 40A(2)

If revenue is accepted based on depreciation plus markup, corresponding cost cannot be disallowed

March 20, 2024 360 Views 0 comment Print

Delhi ITAT ruled that once the Income Tax Officer accepts income based on depreciation plus 15% markup, denying cost is unjust. Full analysis here.

Even if Form 10B is filed at a later stage, Section 11 exemption cannot be denied

March 20, 2024 1281 Views 0 comment Print

Anjana Foundation Vadodara vs A.O.: Ahmedabad ITAT clarifies that advance filing of Form 10B isn’t mandatory for claiming exemption under Sections 11 & 12.

Non-Entitlement to Section 11 deduction Doesn’t Preclude Expense Claim Against Gross Receipts

March 20, 2024 387 Views 0 comment Print

Anamika Kala Sangam vs. DCIT: Kolkata ITAT ruling allows organisations to claim expenses against gross receipts, even if not entitled to Section 11 benefits. Read more.

Bank Account with Social Co-operative Insufficient to Imply Accommodation Entry: ITAT

March 20, 2024 216 Views 0 comment Print

In the case of ACIT Vs Aaryavart Infrastructure Pvt. Ltd., the Income Tax Appellate Tribunal (ITAT) Ahmedabad ruled that mere maintenance of a bank account with a social co-operative bank cannot be a basis for assuming that the assessee is engaged in accommodation entries. Get insights into the case and the tribunal’s decision.

Madras HC Quashes Denial of GST Input Tax Credit due to Wrong GSTIN Indication

March 20, 2024 1068 Views 0 comment Print

Learn how Madras High Court ruled against denial of GST Input Tax Credit due to a mismatch between GSTR-3B and GSTR-2A, citing a clerical error in GSTIN indication.

Reopening of assessment under Section 147/148 not permissible when final settlement order under Section 245D(4) has been passed

March 20, 2024 885 Views 0 comment Print

Delve into the crucial judgment of Orchid Infrastructure Developers Pvt Ltd Vs PCIT, where the Delhi High Court ruled against reopening assessments under Section 147/148 after a final settlement order under Section 245D(4).

ITAT Deletes Jewellery Addition, Considering Assessee’s family Background & professional standing

March 20, 2024 708 Views 0 comment Print

Read the ITAT Delhi’s decision in Mudita Chaturvedi Vs ACIT case, where the addition of jewellery under section 69 is deleted, citing it as Stri Dhan from parents.

Rule 3 applies only when a concession in rent is provided by employer to employee

March 20, 2024 570 Views 0 comment Print

ITAT Delhi dismisses Revenue’s appeal against order of Commissioner of Income Tax (Appeals) regarding valuation of perquisites and tax deduction on rent-free accommodation provided to employees by Indian Institute of Technology (IIT). Get insights into the case and the tribunal’s ruling.

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