ITAT Weekly Round-Up: 11 To 17 August 2024

ITAT Declines To Stay Cancellation Of Exemption Notification To Legal Initiative For Forest And Environment Trust (LIFE)Case Title: Legal Initiative For Forest And Environment (LIFE Trust) Versus PCITThe Delhi Bench of Income Tax Appellate Tribunal (ITAT) has dismissed the stay application filed by assessee-LIFE Trust against the withdrawal/cancellation of registration for exemption granted under section 12A/12AA/12AB from FY 2013-14 onwards. The registration was cancelled on account of activities of the trust being determined to be non-genuine and not in accordance with the objects of the trust.Vague Notice With Inaccurate Particulars Of Income Vitiates Penalty Proceedings: ITATCase Title: Swaminarayan Co-op. Bank Ltd. Versus ACITThe Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that the AO failed to specify whether the penalty was for concealment or inaccurate particulars in the notice issued under Section 274 and Section 271(1)(c) of the Income Tax Act.ITAT Allows Section 54F Deduction On Construction Of The New Dwelling/Residential UnitCase Title: Shri Chandra Bhavani Sankar Versus ITOThe Chennai Bench of Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 54F of the Income Tax Act on construction of the new dwelling/residential unit.ITAT Deletes Income Tax Addition On Interest Income Received Out Of FDsCase Title: DCIT Versus Evita Construction Pvt. LimitedThe Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition on the interest income received out of the fixed deposits.Income Tax Additions Can't Be Based On Generalised Report By Investigation Wing: ITATCase Title: ITO Versus Prakashmal Malraj JainThe Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that income tax additions cannot be based on the generalized report given by the Investigation wing.ITAT Allows Section 80IA(4)(i) Deduction On Developing, Operating And Maintaining Infrastructure FacilitiesCase Title: The Assistant Commissioner of Income Tax Versus Ranjit Buildcon LimitedThe Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 80IA(4)(i) of the Income Tax Act on developing, operating, and maintaining the infrastructure facilities.Cash Deposits Made By Taxpayer Out Of His Known Source Of Income: Ahmedabad ITAT Deletes Addition U/s 68Case Title: Bhavanji Jugaji Thakor verses The Income Tax OfficerThe Ahmedabad ITAT held that no addition is permitted u/s 68 once assessee had properly substantiated that cash deposits are made out of his known source of income.Income Already Offered For Taxation Can't Be Taxed Again As Unexplained Cash Credit: Ahmedabad ITAT Deletes Double Taxation By ITOCase Title: L.K.S. Bullion (Import and Export) Pvt.Ltd. verses The Income Tax OfficerThe Ahmedabad ITAT held that sum credited to sales account can't be treated as unexplained cash credits u/s 68 if they are already included in the total sales declared and taxed.Mistake In Calculation Of Tax As Per Sec 115BBE Can Be Rectified U/s 154 And Not U/s 263: Ahmedabad ITAT Quashes Revision Made By PCITCase Title: Dasrathsinh Ghanshyamsinh Chudasama verses The Principal Commissioner of Income TaxFinding that all the additions made by the Assessing Officer u/s 68 r/w/s 115BBE are in consonance with the Income Tax Statute, the Ahmedabad ITAT quashed the revisional exercise of power by the PCIT u/s 263.Sale Consideration Invested In Purchase Of Property, With Prior Permission Of Charity Commissioner; ITAT Deletes DisallowanceCase Title: DCIT (E) Versus Dawat E HadiyahThe Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that no disallowance can be made as the sale consideration was invested in the purchase of property with the prior permission of the charity commissioner.Remittance Made To Foreign Subsidiary Companies Are Not Taxable In India: ITATCase Title: ITO Versus HCL Technologies LtdThe Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the remittance made by the assessee to the foreign subsidiary companies have been held to be not taxable in India in the hands of the recipient company, there would be no obligation for the payer i.e. assessee company to deduct tax at source under section 195 of the Income Tax Act.

ITAT Weekly Round-Up: 11 To 17 August 2024

Mariya Paliwala

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