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Addition towards unexplained investment deleted as payment from NRI account proved

February 14, 2025 849 Views 0 comment Print

ITAT Rajkot held that addition on account of unexplained investment in purchase of immovable property u/s 69 of the Income Tax Act is liable to be deleted since assessee sufficiently proved that all the payments are made from wife’s NRI account.

Cash sourced out of recorded sales cannot be added again u/s. 69A: ITAT Chennai

February 14, 2025 888 Views 0 comment Print

ITAT Chennai held that when the cash is sourced out of recorded sales, the provisions of section 69A of the Income Tax Act could not be invoked since sales have already been offered to tax and taxing same again u/s. 69A would amount to double taxation.

Addition u/s. 69 towards unexplained investment deleted as source duly explained

February 14, 2025 2220 Views 0 comment Print

ITAT Delhi held that the assessee has duly explained the source of his share of the investment made in the property purchased. Accordingly, addition towards unexplained investment under section 69 of the Income Tax Act is directed to be deleted.

Unexplained income addition sustained as genuineness of transaction not proved

February 14, 2025 423 Views 0 comment Print

ITAT Patna held that addition towards unexplained income upheld since assessee failed to prove genuineness of transaction and creditworthiness. Accordingly, appeal dismissed and addition upheld.

AO doesn’t possess jurisdiction to tax any other income in reassessment order

February 14, 2025 582 Views 0 comment Print

ITAT Pune held that once primary reason to believe that income had escaped assessment fails then AO doesn’t possess jurisdiction to tax any other income in reassessment order. Hence, re-assessment is unsustainable and liable to be quashed.

No addition as source of cash deposits duly explained: ITAT Raipur

February 14, 2025 1023 Views 0 comment Print

ITAT Raipur held that addition towards unexplained cash deposits under section 69A of the Income Tax Act is liable to be set aside in as much as the source of cash deposits duly explained. Accordingly, appeal restored to AO with direction to re-adjudicate the issue.

Addition set aside as relation between documents seized from third party & assessee not established

February 14, 2025 1050 Views 0 comment Print

ITAT Delhi held that addition based on documents seized from third party is liable to be set aside since assessing officer failed to tie contact between seized material and the assessee company. Accordingly, appeal allowed and addition deleted.

Reopening under section 147 without tangible material is invalid: ITAT Chennai

February 14, 2025 801 Views 0 comment Print

ITAT Chennai held that material/ information referred by AO in reasons recorded cannot be held to be tangible material hence reopening of assessment under section 147 of the Income Tax Act without tangible material is invalid.

Limits prescribed u/s. 36(1)(iv) applies only to initial or ordinary annual contribution

February 14, 2025 822 Views 0 comment Print

It thus held that the limits that the Board could prescribe would only apply to an initial or an ordinary annual contribution. Any contribution made additionally in discharge of an overarching obligation would thus not be rendered as a disallowable expense.

Hypothetical Income Not Taxable Under Mercantile System: ITAT Chennai

February 13, 2025 417 Views 0 comment Print

ITAT Chennai held that although the assessee company was following the mercantile system of accounting, only real income could be brought to tax. Hypothetical income cannot be taxed. Hence, appeal of revenue dismissed.

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