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Unabsorbed b/f depreciation and business loss allowed inspite of no manufacturing activity

June 14, 2022 2553 Views 0 comment Print

Meghmani Energy Ltd. Vs DCIT (ITAT Ahmedabad) Set-off of unabsorbed brought forward depreciation and business loss allowed, even though there was no manufacturing activity during the year, as the business was not abandoned/ closed Facts- The assessee is engaged in the business of producing energy. During the course of the assessment proceedings, AO observed that […]

Undisclosed income addition by extrapolation of documents is unsustainable

June 14, 2022 2823 Views 0 comment Print

A. Sivashankar Vs DCIT (ITAT Chennai) In our considered view, the estimation made by the AO towards undisclosed income of under reporting of sales Revenue from sale of plots, is purely a guess work, which is based on the suspicion and surmises, but not based on any material evidences. Facts- The only issue that came […]

Rent Control Act protects both landlords and tenants

June 14, 2022 4116 Views 0 comment Print

Mangal Das son of late Shri Asandas Vs Amar Singh Son of Shri Moolchand Chauhan (Rajasthan High Court) The basic object of the Rent Control Act, 1950 is to save the harassment of tenant from unscrupulous landlords. However, such object of the Rent Control Act, 1950 may not be misconstrued to deprive the landlords of […]

Cancellation of registration, as returns not filed, directed to file all pending returns

June 14, 2022 13971 Views 1 comment Print

Tvl. GK Digital Printing Vs Assistant Commissioner (Circle) (Madras High Court) GST registration cancelled as returns for continuous period of 6 months not filed. Petitioner directed to file all the pending returns (before and after cancellation of registration) and also pay all the pending taxes, interest, fee, fine, etc. Facts- The petitioner has filed the […]

Bogus purchase, addition limited to GP Rate

June 14, 2022 6111 Views 0 comment Print

ITO Vs Satyanarayan Nathulal Gandhi Chowk (ITAT Raipur) Held that the entire purchase amount of such bogus purchase cannot be added at best the addition limited to the extent of G. P. Rate on purchases at the same rate of the genuine purchase. Facts- A survey operation u/s 133A was conducted in the business premises of […]

Penalty u/s 114AA levied for misdeclaration of value of imported goods

June 14, 2022 4248 Views 0 comment Print

S.D. Overseas Vs Joint Commissioner of Customs (CESTAT Delhi) Penalty u/s 114AA leviable in case of misdeclaration of the value of the imported goods as per the manufacturer’s price lists. Facts- The appellant had imported a consignment of Food Supplements through ICD, Tughlakabad and filed a Bill of Entry dated 04.01.2013 and the goods were […]

Crushing and screening iron ore classified as iron ore fines, exempt from CVD

June 14, 2022 1569 Views 0 comment Print

The appellant engaged in the manufacture of iron ore pellets. One of the raw materials required for the same is iron ore fines.

Addition based only on loose paper is unsustainable

June 13, 2022 2553 Views 0 comment Print

Solitare World Pvt. Ltd Vs ACIT (ITAT Delhi) Loose paper found during search on standalone could not be used as a basis for making the addition without the company of any other supportive material and evidence. Facts- A search and survey operation u/s 132/133A was carried out on 15.10.2013 in SRM group of eases by […]

Income accrues only when services are rendered

June 13, 2022 1371 Views 0 comment Print

DCIT Vs Hyderabad Educational Institutions Pvt. Ltd (ITAT Hyderabad) The tuition fee is received in the last quarter of a financial year, however, the corresponding service is rendered by the assessee in the next quarter which falls in a different financial year. Accordingly, held that income accrues only when the right accrued by rendering of […]

Addition u/s 40A(3) unsustainable in absence of incriminating material

June 13, 2022 630 Views 0 comment Print

S. Ashokan Vs DCIT (ITAT Chennai) Addition towards cash payments u/s 40A(3) unsustainable in absence of any incriminating materials found during search – claim of assessee abruptly rejected that cash found during search pertains to earlier AY. Facts- The first issue in assessee appeal is validity of assessment order passed by the AO u/s.143(3) r.w.s.153A. […]

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