It is submitted on behalf of assessee that he is engaged in the business of transportation and logistics services and such business is being conducted by the assessee in his personal capacity as well as in capacity of the Proprietor of “M/s Tanvi Roadways”.
In the matter above mentioned ITAT deleted the addition made by the AO after observing that the provision invoked by the AO was introduced introduced w.e.f. 01.04.2014 only, whereas the assessee had entered into the transaction on 01.08.2012.
In a recent ruling Hon’ble Madras HC remanded back the matter after observing that department issued 2nd notice after considering the reply of petitioner in response to 1st notice where department admitted that petitioner is not liable to pay tax.
Registration u/s 12AB was rejected on the ground of non-registration in Rajasthan Public Trust Act, 1959 and further, on account of non-genuineness of activities. Furthe grant of 80G was also denied on the abovementioned grounds.
Assessee didnot file ITR for AY 2012-13 during which assessee made cash deposit of Rs.45,69,722/-. The case was reopened and notice u/s 148 was sent through e-mail against which no ITR was filed. Hence, AO made addition u/s 69A.
Shipping bills, pertaining to export during the transition i.e. 01.02.2021 to 20.09.2021, were sought to be converted as having been undertaken on claim for drawback or in fulfillment of the scheme for which application was preferred on 25.10.2021.
In the matter abovementioned ITAT upheld the jurisdiction u/s 263 exercised by PCIT, is right as twin condition of section 263 are fulfilled.
In the matter abovementioned ITAT allowed appeal of the assessee by holding that assessee is eligible for claim of deduction u/s.80P(2)(a)(i) that all its income is from members.
Before ITAT it was submitted by assessee that both the lower authorities have erred in deciding the appeal ex-parte. Revenue also admitted that orders of lower authorities were ex-parte.
In the matter abovementioned ITAT has remanded the matter to AO after observing that revenue has accepted the assessee’s contention in earlier and subsequent years.
