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Judiciary

Transfer of land as share of capital in AOP is taxable u/s 45(3) of Income Tax Act

May 8, 2023 3093 Views 0 comment Print

ITAT Pune held that contribution of undivided title and rights in the land as share of capital in AOP is taxable under section 45(3) of the Income Tax Act.

Value of building not mentioned in fixed assets hence claim of deduction of cost not allowable

May 8, 2023 1296 Views 0 comment Print

ITAT Bangalore held that claim of deduction of cost of building is not allowable as there was no mentioning of any value of the building in the schedule of the fixed assets.

Goa Tax on Entry of Goods Act, 2000 is constitutionally valid

May 8, 2023 561 Views 0 comment Print

Bombay High Court held that the Goa Tax on Entry of Goods Act, 2000 is constitutionally valid. Accordingly, the state legislature has legislative competence to enact the Goa Tax on Entry of Goods Act, 2000.

Penalty u/s 271(1)(c) not leviable as error pointed out by AO was corrected before passing of order

May 8, 2023 825 Views 0 comment Print

Delhi High Court held that penalty under section 271(1)(c) of the Income Tax Act not leviable as error pointed out by AO was corrected by the assessee before passing of the assessment order.

Indexed cost of development not allowed on failure to substantiate the claim

May 8, 2023 495 Views 0 comment Print

ITAT Pune held that claim of indexed cost of development not acceptable as assessee failed to furnish any evidence towards the same.

Forfeited amount is deductible from cost of acquisition at the time of actual transfer of asset

May 8, 2023 765 Views 0 comment Print

ITAT Delhi held that applying the provisions of section 51 of the Act, the amount of advance which was forfeited would be deducted from the cost of acquisition of the asset at the time of actual transfer of the asset in future.

Addition u/s 69C merely because assessee dealt with suspected scrips is unsustainable

May 8, 2023 1701 Views 0 comment Print

ITAT Mumbai held that merely because assessee has dealt with suspected scrips, addition u/s 69C is not justified as purchase and sale of scrips were through recognized stock exchange and payments were through banking channel only.

Government cannot usurp taxpayer money for clerical mistake in GST Invoice

May 8, 2023 27063 Views 0 comment Print

Only for clerical mistake of GSTIN in invoice Government cannot usurp money of a taxpayer & make him run to pillar to post for refund of same.

ITAT deletes section 271F penalty as delay was due to death of CA

May 8, 2023 6201 Views 0 comment Print

Nagarathinam Rajendran Vs ITO (ITAT Chennai) Since the assessee could not file his return of income under section 139(1) of the Act, the Assessing Officer issued notice under section 274 r.w.s. 271 F of the Act. There was no response from the assessee against the penalty notice. Since, the assessee failed to file his return […]

Jurisdiction to levy penalty u/s 271(1)(c) fails for non-application of mind by AO

May 8, 2023 2358 Views 1 comment Print

Dinesh Sitaram Patil Vs ITO (ITAT Pune) We note that, while culminating the reassessment proceeding in the case of the assessee, the Ld. AO vide concluding para placed at page 4 of his order communicated the assessee his action of initiating the penalty proceedings u/s 271(1)(c) of Act for ‘under reporting / mis-reporting’ of income […]

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