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Cash expenditure, exceeding threshold limit u/s section 40A(3), disallowed

June 13, 2022 594 Views 0 comment Print

ACIT Vs Bajrang Bahadur Singh (ITAT Varanasi) Manipulation and falsifying records by making wrong entries to bring itself out of clutches of provisions of section 40A(3) is unsustainable in law. Cash expenditure above threshold limit u/s 40A(3) disallowed Facts- The assessee filed its ROI declaring total income of Rs.64,87,970/-, on 29.09.2012. The assessment was completed […]

Repayment of debt, incurred by trust, for construction of building is application of income

June 12, 2022 6204 Views 0 comment Print

DCIT Vs Ram Asra Goyal Education & Research Society (ITAT Chandigarh) Facts- The assessee society was registered under the Societies Registration Act and also registered u/s. 12AA of the Income-tax Act, 1961. The assessee filed its ROI on 03-09-2014 declaring Nil income. Later on, the case was selected for scrutiny. During the course of assessment […]

Deduction available u/s 10B towards profits of eligible units without setting off of b/f unabsorbed depreciation/ business loss

June 11, 2022 918 Views 0 comment Print

International Agricultural- Processing (P) Ltd. Vs ACIT (ITAT Chennai) Facts- The assessee is engaged in the business of export of processed agricultural produce like gherkins, onions and other vegetables. The assessee company is a 100% Export Oriented Unit and has claimed deduction u/s.10B of the Income Tax Act, 1961 (The Act) from the AY 2000-01. […]

Appeal filed by the struck off company maintainable

June 11, 2022 4086 Views 0 comment Print

Dwarka Portfolio Pvt. Ltd. Vs ACIT (ITAT Delhi) Facts- The assessee has challenged the order dated 24/03/2017 passed by CIT(A), wherein an addition of Rs. 18,00,00,000/- made u/s 68 of Income Tax Act by the A.O has been confirmed by the CIT(A) for AY 2014-15. Notably, the assessee Company has been struck off vide Notification […]

Profit from sale of agricultural land not includible while computing book profit

June 11, 2022 1365 Views 0 comment Print

Ishwar Dewllings Pvt. Ltd. Vs PCIT (ITAT Lucknow) Facts- The AO vide notice u/s 154 dated 02/05/2018 proposed rectification of the order passed u/s 143(3) by including profit on sale of agricultural land in the computation of book profits u/s 115JB. Thereafter, AO dropped the proceedings initiated u/s 154 vide order dated 14/06/2018. However, the […]

Adjustments & intimation on debatable/controversial issues is beyond section 143(1) scope

June 11, 2022 1857 Views 0 comment Print

SVS Guarding Services Pvt. Ltd. Vs ITO (ITAT Delhi) Facts- The only addition in dispute in this appeal is regarding the additions amounting to total of Rs. 29,52,674/- made u/s 36(1)(va) of Income Tax Act. These payments by way of employees’ contribution to ESI/Provident Fund were deposited by the assessee after the specified date prescribed […]

Once an appeal is filed, assessee will not be deemed as ‘assessee in default’ – Section 220(6)

June 11, 2022 3054 Views 0 comment Print

Held that the mandate of Section 220(6) of the IT Act makes it very clear that once an appeal is filed within time in the prescribed format, the assessee will not be deemed as an ‘assessee in default’.

Cenvat credit on capital goods taken and utilized vis-à-vis benefit of higher drawback rate – matter remanded

June 11, 2022 531 Views 0 comment Print

Raghav Industries Ltd. Vs Union of India (Madras High Court) Facts- The appellant is a manufacturer of synthetic and blended textile yarn made of duty paid raw material viz., polyester staple fiber or polyester viscose staple fibre. According to the appellant, as per the Government schemes, a manufacturer can either export the finished product without […]

Section 271(1)(c) Penalty not sustainable if specific charge not specified

June 11, 2022 1173 Views 0 comment Print

AO is under obligation to specify the appropriate limb of  section 271(1)(c) of the Act at the time of initiation as well as at the time of levy of penalty notice.

Initiation of prosecution u/s 135(1)(a) of Customs Act for goods valuing less than INR 1 Crore is bad-in-law

June 11, 2022 6120 Views 0 comment Print

Suresh Chand Gupta Vs State of Govt of NCT Delhi (Delhi High Court) Facts- The Director of Revenue Intelligence (DRI) filed a criminal complaint under Section 132 and 135 (1)(a) of the Customs Act, before the learned Trial Court. The complaint stated that intelligence reports have been received that M/s Elgin Electronics, of which petitioner […]

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