Follow Us:

No incriminating material during search, no addition u/s 69

June 27, 2022 573 Views 0 comment Print

Addition u/s 69 unsustainable as assessee books of account have not been rejected and also durin search no incriminating material was found which would point out towards the assessee introducing her unaccounted cash into the books of account.

Share of profit, as per LLP agreement, exemption u/s 10(2A) available

June 27, 2022 2565 Views 0 comment Print

The assessee has received the share of profit as per the terms of the LLP agreement and, therefore, the same has rightly been held to be exempted u/s 10(2A) of the Act.

Invoking section 263, for comprehensive inquiry made by AO, unsustainable

June 27, 2022 552 Views 0 comment Print

Detailed analysis of Sh. Jai Parkash Garg Vs PCIT case at ITAT Delhi. AO enquiry, PCIT jurisdiction, and conclusion discussed. Appeal allowed on 14/06/2022.

When property is vacant, rent is to be calculated under section 23(1)(a)

June 27, 2022 4803 Views 0 comment Print

The assessee rent for the property which remained vacant for the entire year shall be calculated as per provisions of Section 23(1)(a) of the Act. Section 23(1)(c) will not be applicable in such case.

Letting out being primary intention, income taxable under house property

June 25, 2022 1311 Views 0 comment Print

Held that we are of the considered view that the predominant intention of entering into these agreements is letting out of the property and not provision of any independent services.

Amount, not debited to P&L account, not taxable u/s 41(1)

June 25, 2022 2256 Views 0 comment Print

The amount was never debited to the profit and loss account as an expenditure in the year they were received also the amount has not been written off. Said amount not taxable u/s 41(1)

Section 40A(3) Disallowance via Section 143(1) intimation is untenable

June 25, 2022 4212 Views 0 comment Print

Disallowance u/s 40A(3) would not fall within the ambit of a prima facie error or arithmetical error warranting adjustment in terms of Section 143(1) of the Act unsustainable.

Addition of gold jewellery not sustained in absence of expert valuer’s report

June 25, 2022 1185 Views 0 comment Print

Enhancing the quantity of gold by the weight of stones and diamonds is not logical. It was neither valued nor any Expert Valuers report was available on record. Addition unsustainable.

TDS not deductible on bank guarantee commission

June 25, 2022 4002 Views 0 comment Print

Bank guarantee commission cannot be said to be a commission as intended to u/s 194H of the but it is in the nature of Bank charges charged by the bank for provision of services to the assessee. TDS not deductible.

Bail granted as accused duly complied with the investigation

June 25, 2022 2193 Views 0 comment Print

Bail granted on the basis that there is no substantial allegation that the accused failed to comply with any such notices during the period of investigation. No material has been placed on record to establish any change of circumstances on the basis of which their arrest could have been considered

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031