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Income Tax - Highlights / Catch Notes

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Validity of order passed by the ITSC - Settlement of a case - ...

Case Laws     Income Tax

April 17, 2024

Validity of order passed by the ITSC - Settlement of a case - Bogus purchases and Accommodation entries - ITSC allowed certain amounts to be capitalized with depreciation - ITSC also granted immunity from penalties and prosecution - The High Court concluded that the ITSC acted within its powers in accepting the expenditure claims based on the documents seized during raids, which showed the cash generated from the bogus purchases was indeed used for stated capital expenditures. Regarding the deduction under Section 80IB(10), the High Court supported the ITSC’s decision, stating that the ITSC appropriately allowed the deduction after considering the ad hoc disallowances made in the previous years which impacted the project's profitability in the assessment year 2009-10. - The High Court dismissed the Revenue’s petition, upholding the ITSC’s order.

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