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Judiciary

Discounted cash flow is the recognized method as per section 56(2)(viib)

May 21, 2023 2364 Views 0 comment Print

ITAT Delhi held that discounted cash flow method is the recognized method as per section 56(2)(viib) of the Income Tax Act read with rule 11UA of the Income Tax Rules.

Disallowance u/s 36(1)(iii) unsustainable as advance given during normal course of business

May 21, 2023 1809 Views 0 comment Print

ACIT Vs Hotel Ishika (ITAT Raipur) ITAT Raipur held that the interest expenditure corresponding to the advances that was given in the normal course of business could not have been disallowed under section 36(1)(iii) of the Income Tax Act. Facts- Post completion of original assessment, as is discernible from record, the A.O on the basis […]

Amount received as consequence of divorce cannot be held as unexplained cash credit u/s 68

May 21, 2023 723 Views 0 comment Print

ITAT Raipur held that amount received as a consequence of divorce from the ex-husband could not be held as an unexplained cash credit u/s.68 of the Act, and accordingly cannot be brought to tax u/s.115BBE of the Act.

Penalty order passed in the name of death person after death is invalid

May 21, 2023 5520 Views 0 comment Print

ITAT Bangalore held that any proceedings taken against the deceased before his death shall be deemed to have been taken against the legal representative. However, penalty order passed in the name of death person after his death is invalid.

Penalty u/s 271E leviable as reasonable cause for non-complying with section 269T not shown

May 21, 2023 507 Views 0 comment Print

ITAT Raipur held that assessee failed to put forth the reasonable cause because of which provisions of section 269T of the Income Tax Act was not complied. Accordingly, penalty under section 271E of the Income Tax Act leviable.

Mere proving identity of creditor is insufficient, genuineness of transaction is also to be proved

May 21, 2023 651 Views 0 comment Print

ITAT Guwahati held that submission of documents proved the identity of the creditors, however, genuineness of the transactions is not proved. Matter set aside for fresh consideration.

There cannot be second round of Section 271(1)(b) penalty for same default

May 21, 2023 1020 Views 0 comment Print

ITAT Jaipur held that there cannot be a second round of penalty for same defaults. Accordingly, penalty imposed u/s 271(1)(b) of Income Tax Act for second time is unsustainable.

AO cannot calculate acquisition cost on the basis of his own assumption

May 20, 2023 1653 Views 0 comment Print

Smt. Savitri Devi Vs ITO (ITAT Amritsar) The entire issue is in two parts, one is legal issue by challenging the jurisdiction of notice u/s 148 and the jurisdiction of the ld. AO related to calculation of capital gain of the assessee without referring the issue to DVO. The last issue was challenged by the […]

Revenue authorities cannot go beyond jurisdiction of orders of ITAT

May 20, 2023 894 Views 0 comment Print

Malwa Coop. L & C Society Ltd Vs ITO (ITAT Amritsar) In its fact, that the gross receipt should be determined by allowing the reasonable deduction of the items like TDS, VAT, security letter cess and other deduction. Accordingly, the assessee made a correct calculation related to calculation of the contract receipt. Both the Revenue […]

Service Tax not payable on Airport User Development Fee: SC

May 20, 2023 1719 Views 0 comment Print

Supreme Court held that ‘User Development Fee’ collected by Mumbai International Airport Pvt Ltd, Delhi International Airpirt Pvt Ltd and Hyderabad International Airport Pvt Ltd were not subject to Service Tax. 

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