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Reopening of assessment unsustainable as prerequisite for reopening beyond four years not fulfilled

May 14, 2023 2301 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act is unsustainable as prerequisite laid down in law for reopening of the case beyond four years is not found to be fulfilled.

Assessment order passed is not legal as approval u/s 153D was given in mechanical manner

May 14, 2023 2112 Views 0 comment Print

ITAT Delhi held that assessment order passed under section 153A of the Income Tax Act is not legal and liable to be quashed as approval given under section 153D of the Income Tax Act is granted in a mechanical manner and without application of mind.

Addition u/s 69 sustained as no evidence produced to prove source of cash deposit

May 13, 2023 1536 Views 0 comment Print

ITAT Chennai held that addition under section 69 of the Income Tax Act sustained as no corroborative evidence produced to prove the source for the cash deposits during demonetization period.

Higher interest rate on unsecured loan taken for commercial expediency is admissible

May 13, 2023 1119 Views 0 comment Print

ITAT Ahmedabad held that unsecured loan taken at higher rate for commercial expediency is admissible under section 57(iii) of the Income Tax Act.

Revisional jurisdiction u/s 263 duly invoked as AO failed to examine issue of purchase of land

May 13, 2023 408 Views 0 comment Print

ITAT Ahmedabad held that revisional power under section 263 of the Income Tax Act correctly invoked as AO failed to examine the issue of purchase of land in the light of provisions of section 56(2)(vii)(b) of the Income Tax Act.

Assessment order passed u/s 143(3) beyond time limit prescribed u/s 153 is time barred

May 13, 2023 3567 Views 0 comment Print

ITAT Mumbai held that assessment order passed u/s 143(3) beyond time limit prescribed under section 153 of the Income Tax Act is time barred and bad in law.

Source of cash deposit not satisfactorily explained hence addition u/s 69 sustained

May 12, 2023 12867 Views 0 comment Print

ITAT Chennai held that addition u/s 69 towards unexplained money sustained on failure to explain the source of the cash deposits with necessary evidences.

State failed to take steps for recovery of dues hence recourse to HPLR Act not sustainable

May 11, 2023 633 Views 0 comment Print

Supreme Court held that as the State of Himachal Pradesh didn’t took any steps for realization of its dues, recourse to Himachal Pradesh Land Revenue Act (HPLR Act) for recovery of dues as arrears of land revenue not sustainable.

CENVAT Credit of only service element available under works contract

May 11, 2023 2292 Views 0 comment Print

Supreme Court held that as per Rule 2A of determination of value, service tax is payable only on the service element under works contract. Hence, CENVAT Credit of only service element is available.

Department directed to issue ‘C forms’ for inter-sate purchase of High Speed Diesel Oil

May 10, 2023 1539 Views 0 comment Print

Madras High Court directed department to issue ‘C forms’ under the Central Sales Tax, 1956 for inter-state purchase of High Speed Diesel Oil.

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