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Archive: 01 August 2022

Posts in 01 August 2022

Ambiguity in penalty notice & findings make order levying penalty void ab initio

August 1, 2022 777 Views 0 comment Print

Triune Energy Pvt Ltd Vs DCIT (ITAT Delhi) In regard to second charge for which penalty is levied for interest on TDS it can be observed that the ld AO in his assessment order had not mentioned a word regarding his satisfaction for proceeding with penalty proceedings u/s 271(1)(c) of the Act while passing the […]

Section 68 addition merely for non-registration of MOU not sustainable

August 1, 2022 867 Views 0 comment Print

Vishwanath Ramchandra Panvelkar Vs DCIT (ITAT Mumbai) We notice that the AO has expressed doubt only on the MOU entered by the assessee with M/s Samarth Enterprises, since it was not registered. However, the AO is placing reliance on the very same MOU to express the view that the assessee should have forfeited the advance […]

Tax on Surplus from conducting conference of CSI

August 1, 2022 417 Views 0 comment Print

ITO Vs 67th Annual Conference of CSI-2015 (ITAT Chennai) ITAT noted that the payments made by the assessee entity in accordance with bye-laws / specific purpose for which it was constituted and the AO has not disputed the nature of contribution made by assessee or the receipts transferred being directly in nexus with the income […]

No delay in appeal filing if order not been served on Assessee

August 1, 2022 1494 Views 0 comment Print

Koshambh Charitable Trust Vs ACIT (ITAT Ahmedabad) We have given our thoughtful consideration and perused the materials available on record, as well as the Paper Book filed by the assessee. As it can be seen from page no. 32 of the paper book which is the screenshot of the Income Tax portal wherein for the […]

Capital Gain cannot be Taxed to owner for transfer by POA holder

August 1, 2022 3177 Views 0 comment Print

whether the CIT(A) justified in confirming the addition of Rs.1,26,80,413/- on account of long term capital gain in the hands of the assessee instead of Jayantilal Oswal in the facts and circumstances of the case.

An overview of Overseas Direct Investment (ODI)

August 1, 2022 11382 Views 2 comments Print

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Ex-parte without adequate hearing opportunity: ITAT remands matter back to CIT(A)

August 1, 2022 306 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Sangitaben Doshi vs. ITO case. The order discusses the disallowance of LTCG on Kappac Pharma shares based on conjectures.

Section 271AAB penalty upheld on Income Tax return filed belated

August 1, 2022 822 Views 0 comment Print

Jagdishbhai R. Patel Vs ACIT (ITAT Ahmedabad) CIT(A) upheld the penalty of Rs.19,50,000/-,levied u/s 271AAB of the Act @ 30% of the undisclosed income of Rs.65 lacs, noting that the assessee had failed to fulfill the following conditions by the specified date as required by the section : a) filing its return declaring the undisclosed […]

Appeal not listed for two & half years- ITAT directs NFAC for expeditious hearing

August 1, 2022 1011 Views 0 comment Print

Priti Nanda Vs CIT Appeals (Delhi High Court) 1. By way of the present petition, the Petitioner seeks a direction to the Respondents to list, hear and decide the first appeal filed by the Petitioner against the Assessment Order and freezing proceeding issued against her by the concerned Assessing Officer within a period of one […]

Two PAN Card Allotment: ITAT directs Cancellation of One & Allows Tax Credit

August 1, 2022 534 Views 0 comment Print

PAN of assessee should be cancelled by Income Tax department and credit for advance tax and TDS should be granted to assessee as per law.

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