ITAT Agra

In absence of contumacious conduct penalty U/s. 271C not leviable

ITO (TDS), Vs Pushpanjali Hospital and Research Centre Pvt. Ltd. (ITAT Agra)

Brief facts relating to the case are that a survey 133A of the Act was conducted in the premises of the assessee on 15/10/2009 during the course of which it was found that the assessee had deducted tax amounting to Rs.15,76,219/-...

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No further addition if addition not made on re-assessment reasons

Anugrah Varshney Vs ITO (ITAT Agra)

In the absence of any addition having been made on incomes which the AO had reason to believe had escaped assessment, no addition of any other income could have been made and that the AO had exceeded his jurisdiction in passing the impugned order u/s 147....

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Entire amount of deposit in bank cannot be treated as unexplained

ITO Vs Rajeev Kumar Gupta (ITAT Agra)

In the assessment order passed u/s.144 the income was at Rs.12,96,457/- as against the returned income of Rs.1,20,000/-. During the course of assessment proceeding, the AO found that there was a cash deposit of Rs.11,76,457/- in the bank account of the assessee maintained with ICICI Bank. ...

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Interest Expense incurred to earn Interest Income is allowable – Section 57(iii)

Raj Kumari Agarwal Vs DCIT (ITAT Agra)

As long as the expense is incurred wholly and exclusively for the purpose of earning an income, even if it is not necessarily for earning that income, it will still be deductible in computation of income. What thus logically follows is that even in a situation in which proximate or immediate cause of an expenditure was an event unconnecte...

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Addition cannot be made only on the basis of a surrender simplictor

ITO Vs Ram Prakash (ITAT Agra)

Brief Facts of the case are that the assessee is engaged in the business of foodgrains. During the course of the assessment proceedings, the Assessing Officer noticed that the assessee has shown unsecured creditors amounting to Rs 80,27,616 but, as certain payments made to these persons ...

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Sec 153A cannot be used to re-agitate concluded assessment in absence of any incriminating material

DCIT Vs Kalyani Chaturvedi (ITAT Agra)

Sec 153A cannot be used to re-agitate concluded assessment in the absence of any incriminating material. Hon'ble Agra ITAT Bench has in the order of DCIT V/S Kalyani Chaturvedi has held that assessments that have attained finality don't abate at the time of search and they cannot be done de-novo u/s 153A of the Income Tax Act, 1961 in th...

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A.O should refrain from adopting double standards of accepting in remand proceedings yet challenging it at appellate forum

ACIT Vs Praveen Kumar (ITAT Agra)

In the case of ACIT v/s Praveen Kumar there was an addition made on account of unsecured loan and interest paid thereon. All the details were furnished before the A.O in form of account of the creditors along with acknowledgement of their income tax returns and bank statement .But summons issued to lenders were not responded . ...

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TDS can be recovered only if dept shows that recipient of income has not paid due taxes thereof

Allahabad Bank Vs Income Tax Officer (ITAT Agra)

Recovery provisions under section 201(1) can be invoked only when loss to revenue is established, and that can only be established when it is demonstrated that the recipient of income has not paid due taxes thereof and the recipient of the amounts had the liability to tax. ...

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Extended period of limitation U/s. 153 and Us/. 267

Gaurav Luthara Vs ITO (ITAT Agra)

Time limits set out under section 153, for completing the assessments, reassessments and recomputations, are concerned, is that these time limits do not apply in the cases “where the assessment, reassessment or recomputation is made on the assessee or any person...

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If no additions made on grounds of reassessment, than no addition can be made on other aspects

Rajeev Kumar Goyal Vs ITO (ITAT Agra)

If no additions made on grounds set for reasons for reassessment, than no addition can be made on other aspects The legal position is fairly well settled on the issue that in a reassessment proceeding, when no additions are made in respect of the income, purportedly escaping the assessment, set out in the reasons for re-opening the asses...

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