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Refer to DVO Under Section 50C(2) When Sale Consideration Differs from Circle Rate

March 7, 2025 417 Views 0 comment Print

ITAT Delhi held that when the sale consideration as per conveyance deed and circle rates are different, matter must be referred to valuation officer DVO as contemplated in Section 50C(2). Accordingly, AO directed to refer matter to DVO.

Addition Based on Statements Without Concrete Evidence Not Sustainable

March 7, 2025 309 Views 0 comment Print

ITAT Hyderabad held that determination of sale consideration on the basis of some statements without bringing any concrete material in support of his claim, is not correct. Accordingly, addition is liable to be deleted and appeal filed by revenue dismissed.

Addition of recorded cash sales by treating it as unexplained cash deposits not justified

March 7, 2025 297 Views 0 comment Print

ITAT Jaipur held that addition of the amount already recorded as cash sales cannot be treated as unexplained cash deposits under section 68 of the Income Tax Act. Accordingly, addition is deleted and appeal is allowed.

Share Application Money Cannot Be Deemed Unexplained Income Without Substantive Evidence

March 7, 2025 108 Views 0 comment Print

ITAT Ahmedabad held that addition, treating share application money as unexplained income, based on surmises and conjectures without making proper verification of facts with relevant materials and evidences is not sustainable in law.

Section 69A not invocable when cash sourced out of recorded debtors: ITAT Chennai

March 6, 2025 645 Views 0 comment Print

ITAT Chennai held that when cash is sourced out of recorded debtors, provisions of section 69A of the Income Tax Act could not be invoked. Accordingly, addition u/s. 69A is not sustainable in law.

Addition u/s. 2(22)(e) untenable as trade advances cannot be characterized as loans or advance

March 6, 2025 138 Views 0 comment Print

ITAT Hyderabad held that trade advances, in the nature of commercial transactions, cannot be characterized as ‘loans or advance’ constituting deemed dividend within the meaning of section 2(22)(e). Thus, addition towards deemed dividend untenable.

Addition for capital contribution from partners not sustained as identity of partners and genuineness of transaction established

March 6, 2025 144 Views 0 comment Print

M/s. GRR Holdings is a firm was incorporated on 31.01.2014 with two partners Shri Gaddam Shyam Prasad Reddy & Shri Syed Fayaz Mohammed. The main objective of the partnership firm is to carry on real estate business.

Gauhati HC upholds constitutional validity of rule 36(4) of the CGST Rules

March 6, 2025 330 Views 0 comment Print

Gauhati High Court held that sub-rule (4) of Rule 36 of the Central Goods and Services Tax Rules [CGST Rules] is constitutionally valid. Thus, writ challenging validity of the same is liable to be dismissed as being devoid of any merits.

Issue of reopening notice u/s. 148 by ACIT-Jaipur illegal as jurisdiction lies with ITO-Delhi

March 6, 2025 225 Views 0 comment Print

ITAT Jaipur held that issuance of notice under section 148 of the Income Tax Act by ACIT, Jaipur, is illegal and liable to be quashed since ITO-Delhi has jurisdiction over the case of the assessee. Accordingly, order of CIT(A) set aside.

Reopening of assessment based on borrowed satisfaction not sustainable: Gujarat HC

March 6, 2025 180 Views 0 comment Print

Gujarat High Court held that reopening of assessment based on borrowed satisfaction without there being any link between information and data available on record is unsustainable in law. Accordingly, notices are liable to be quashed and set aside.

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