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Presumptive Share Transfer Addition Unsustainable: ITAT Ahmedabad

January 16, 2025 405 Views 0 comment Print

ITAT Ahmedabad held that addition of short term capital gain on account of transfer of shares on presumption basis without bringing on record evidencing actual receipt of consideration cannot be sustained. Accordingly, addition deleted.

Section 68 Not Applicable for Non-Utilisation of CSR Funds: ITAT Ahmedabad

January 16, 2025 663 Views 0 comment Print

ITAT Ahmedabad held that provisions of section 68 of the Income Tax Act doesn’t apply in the matter of non-utilisation of amounts received towards Corporate Social Responsibility (CSR) activities. Thus, appeal allowed.

Litigant not permitted to blame advocate for delay in filing of appeal: ITAT Jaipur

January 16, 2025 444 Views 0 comment Print

ITAT Jaipur held that the litigant cannot be permitted to throw the entire blame on the head of the consultant or Advocate and disown himself or herself at any time to seek relief for condonation of delay. Accordingly, cost imposed for procedural delay.

Section 69A Addition Not Justified for Third-Party Non-Compliance: ITAT Ahmedabad

January 16, 2025 1197 Views 0 comment Print

Solitary issue in the present appeal relates to the addition made to the income of the assessee on account of cash found deposited in the bank account during demonetization period remaining unexplained, amounting to Rs.10.00 lakhs.

ITAT Ahmedabad disallows Exemption u/s. 10(23C)(iiiab) in absence of any supporting documents

January 16, 2025 606 Views 0 comment Print

ITAT Ahmedabad held that disallowance of exemption under section 10(23C)(iiiab) of the Income Tax Act by PCIT in absence of any supporting documents/ materials justifiable. Accordingly, appeal dismissed.

Investigation report is not appealable order: CESTAT Chennai

January 16, 2025 747 Views 0 comment Print

CESTAT Chennai held that the Investigation Report is administrative and fact finding in nature as it does not purport to decide the lis or contest between the contending parties by a statutory authority. Thus, investigation report is not appealable order.

BCD exemption benefit available on import of Digital Still Image Video Cameras: CESTAT Chennai

January 16, 2025 720 Views 0 comment Print

CESTAT Chennai held that benefit of Basic Customs Duty BCD under notification no. 25/2005 eligible in case of import of ‘Digital Still Image Video Cameras’. Accordingly, appeal allowed with consequential benefits.

ITAT Chennai Upholds Reassessment u/s 147 Based on Correct Understanding of Facts

January 16, 2025 504 Views 0 comment Print

ITAT Chennai held that initiation of proceedings under section 147 of the Income Tax Act confirmed by CIT(A) based upon correct understanding and appreciation of facts of the case vis-à-vis contemporaneous statute justifiable.

Seizure of share certificate not incriminating material hence addition deleted: ITAT Delhi

January 16, 2025 543 Views 0 comment Print

ITAT Delhi held that merely seizure of share certificate cannot be considered as incriminating material on its own unless other corroborative evidence are found during the search. Accordingly, appeal of the department dismissed.

ITAT restricts Demonetization Cash Deposit Addition to 10% Due to sufficient Cash Withdrawals

January 16, 2025 540 Views 0 comment Print

ITAT Surat held that addition towards cash deposited during demonetization restricted to 10% of total deposit since assessee fully substantiated the cash deposit showing sufficient withdrawal. Accordingly, appeal partly allowed.

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