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Sambhav Jain

Latest Posts by Sambhav Jain

Relief to B2B business under section 269SU

May 21, 2020 2967 Views 0 comment Print

The Finance (No. 2) Act, 2019 introduced a new provision Section 269SU and subsequently notified Rule 119AA prescribing the modes of acceptance of payment. The government has prescribed certain modes of payment for any assessee whose total turnover or gross receipts from business exceed Rs 50 crore during the immediately preceding previous year. The introduction […]

Whether assessee can claim TDS deducted by railways on Mobilization advance?

April 18, 2020 10728 Views 1 comment Print

♦ When an assessee (contractor) is awarded a contract by railways/state government (contractee) for the construction or other related services, the contractor is eligible to receive mobilization/secured advance. The Mobilization advance is primarily received after furnishing of Bank Guarantees in favour of the Payee Customer for the execution of work allotted. The mobilization advance is […]

Section 68 applicability when sales receipt shown in P&L Accounts

April 17, 2020 9213 Views 10 comments Print

Whether Provisions of Section 68 are applicable in case of sales receipt shown in trading and profit and loss account? It has been observed that while passing an order for scrutiny assessment for cash deposited by the assessee during demonetization period, various assessing officers have made addition under various sections of the Income Tax Act, […]

Assessee subjected to search, cannot be placed on a different pedestal than assessee who is not subjected to search

March 20, 2020 1182 Views 0 comment Print

In our considered view therefore, although the name of the assessee does not feature in the panchnama, in view of the fact that warrant of authorization executed by the Department contained its name, the proceedings u/s 153A were validly initiated against the assessee.

Section 68 cannot be applied in relation to the sales receipt

January 6, 2020 7347 Views 0 comment Print

The ITAT Ahmedabad has harped upon the mechanical practices adopted by the Assessing Officers to make addition u/s 68. The moot point is that a sale which already forms part of books of account cannot be added again u/s 68 due to the reasons that Sales are already recorded in the books of accounts and the addition of the same amounts to double taxation. A prejudiced view on sale cannot be drawn when purchases are accepted without any reservation. Section 68 connotate amount credits in books of account remained unexplained need to be added. Recorded sales are not unexplained cash credits.

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