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Archive: 01 July 2022

Posts in 01 July 2022

Wastage Loss due to Diesel & Petrol Tank breakage allowable

July 1, 2022 954 Views 0 comment Print

Mohammad Bhai Esufali & Sons Vs ITO (ITAT Pune) The only dispute is about wastage/evaporation claimed by the assessee at 1.23%/0.89%. These figures have emerged from the tabulation made in the impugned order on page 4, where the assessee gave a comparative analysis showing that the wastage/shortage in the immediately preceding year was higher at […]

Inadvertent mistake without any malafide intention: ITAT condones Delay

July 1, 2022 828 Views 0 comment Print

Vasanthan Mukundan Peedikakkandy Vs ACIT (ITAT Pune) At the outset, we note that this appeal was filed with a delay of 931 days before the CIT(A). An affidavit filed explaining the said delay which is reproduced by the CIT(A) in impugned order at page Nos.11 to 13. On perusal of the same, we note that […]

Disallowance of interest on ad hoc basis on the plank that Interest-Bearing Funds are diverted not admissible

July 1, 2022 414 Views 0 comment Print

Guardian Nutrition & Health Supplements Pvt. Limited Vs ACIT (ITAT Delhi) Brief facts of the case are that assessee is engaged in the business of rental trading of pharmaceutical products. In the present case, Assessing Officer (AO) made proportionate disallowance of interest on ad hoc basis after noting that assessee had both interest bearing funds […]

No section 271B penalty if Assessee could not maintain books of accounts

July 1, 2022 1617 Views 0 comment Print

Gurukrupa Developers Vs DCIT (ITAT Ahmedabad) The learned AR before us inter-alia submitted that the books and other supporting documents of the assessee were impounded by the search team. Therefore, the assessee could not maintain proper books of accounts due to the reason beyond its control. When proper books of account were not available, the […]

Section 271(1)(c) Penalty not sustainable if failure in Disclosure of Income was unintentional

July 1, 2022 1353 Views 0 comment Print

Shri Himanshu Prafulchandra Varia Vs DCIT (ITAT Ahmedabad) We find merit in the contention of the Ld. Counsel for the assessee that the failure to disclose the income was by mistake and not deliberate and the assessee had in fact come clean during assessment proceedings before the Revenue authorities even before detection by the Revenue. […]

Claims not part of resolution plan, shall stand extinguished

July 1, 2022 2124 Views 0 comment Print

It is further declared by the Hon’ble Supreme Court that all claims not part of the resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan.

Order without finding for deciding the classification of goods – CESTAT remands matter back

July 1, 2022 942 Views 0 comment Print

Suzuki Morots Gujarat Private Limited Vs C.C. (CESTAT Ahmedabad) The Commissioner (Appeals) while deciding the classification of the disputed goods, in question, under heading 8708, has not given any finding as to whether all the above conditions which are very important for deciding the classification of goods, satisfy / comply in respect of the disputed […]

No section 69 addition for cash received for House Rent & Agricultural Land deposited during Demonetization

July 1, 2022 597 Views 0 comment Print

Explore the ITAT Hyderabad ruling in Sri Narsimha Reddy Pindi vs ITO case. Understand how past savings from rental and agricultural income validated the demonetization period cash deposit.

CESTAT reduces penalty imposed on Chairman/MD for improper accounting of finished goods under Excise Law

July 1, 2022 447 Views 0 comment Print

Explore CESTAT Ahmedabad decision in Anil Dudalal Kaneria vs C.C.E. Understand the penalty reduction from INR 5 Lacs to INR 1 Lac for failure in goods accounting. Details and implications.

Cash loss due to embezzlement by employees allowable in year of discovery

July 1, 2022 4560 Views 0 comment Print

Explore the ITAT Bangalore order in ACIT vs Davangere District Central Co-op Bank. Understand the deduction of losses due to employee embezzlement. Full analysis and implications.

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