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Section 12AA: Registration cannot be denied without reasonable opportunity

January 16, 2023 1911 Views 0 comment Print

Action of the Ld. CIT(E) suffered from sufficiency of reasonable opportunity to the appellant to refute the rejection vis-à-vis to comply with the requirements sought, thus for the reason, we without commenting on the merits of the case, deem fit to remand the matter back to the file of Ld. CIT(E) for according reasonable & effective opportunity to refute the rejection vis-à-vis to comply with the requirements sought.

Date of TDS payment would be date of handing over of cheque to banker

January 16, 2023 1626 Views 0 comment Print

ITAT held that payment would be deemed to have been made on date the cheque was handed over to banker and date of payment was to be taken as date of presentation of cheques by assessee.

Once TDS Element is Reflected in Form 26AS AO cannot allege that parties are not genuine

January 16, 2023 942 Views 0 comment Print

Once TDS element is reflected in Form No. 26AS, the Assessing  Officer cannot allege that the parties are not genuine. Moreover, full details are available on record.

Additions cannot be made merely on the basis of Form 26AS

January 15, 2023 5412 Views 0 comment Print

Sureshkumar K Kataria Vs DCIT (ITAT Rajkot) ITAT notes that there was mismatch in the gross income reported by the assessee viz a viz the income reflecting in form 26AS for an amount of Rs. 4,13,081.00 only. As such, the assessee has shown less income by the impugned amount, therefore concurrent view was taken by […]

ITAT restore issue of claim of brought forward loss to CIT(A) for passing speaking order

January 15, 2023 987 Views 0 comment Print

Shivdham Industries P. Ltd Vs DCIT (ITAT Guwahati) It has been stated before us by the ld. Counsel for the assessee that in the return of income filed in Form no. ITR­-6 in Schedule CFL, the assessee has furnished ‘details of loss to be carried forward to future years’ totaling to Rs. 82,89,050/- which included […]

Transfer of PAN is consequential to Order of transfer of jurisdiction

January 15, 2023 2718 Views 0 comment Print

ITAT held that transfer of PAN is consequential to Order of transfer of jurisdiction & that it is a PAN, which follows jurisdiction & not vice versa

MEIS Benefit cannot be denied for mere non- marking of ‘Y’ against reward column

January 15, 2023 1398 Views 0 comment Print

Petitioner’s intended to take benefit of MEIS scheme. Thus, error of not marking ‘Y’ against reward column is clearly an inadvertent error.

Annual lease payment to NOIDA Authority liable to Section 194I TDS

January 15, 2023 7011 Views 0 comment Print

Ajnara India Ltd. Vs ITO (ITAT Delhi) It is observed that the Ld. CIT(A) examined the Lease Deed Agreement between the assessee and NOIDA Authority filed before him during the appellate proceedings and extracted the relevant recitals in para 4.8 and 4.9 of his order to reach the conclusion that reading of Lease Deed Agreement, […]

ITAT directs AO to consider settlement of dispute subsequent to Asset Purchase Agreement

January 15, 2023 708 Views 0 comment Print

ACIT Vs Calchennai Mobile Worx P. Ltd (ITAT Chennai) As per asset purchase agreement between the assessee and the purchaser, agreed consideration for transfer of business/asset is Rs 5.76 crores. In fact, the buyer has confirmed having paid entire agreed consideration for transfer of business. The assessee claims that it has received a sum of […]

 Should you lease your gold? 

January 14, 2023 7677 Views 1 comment Print

Gullak introduces Gold leasing with their new feature Gold+. Lease your Gold to get 5% extra returns, giving 16% overall returns on your gold investments

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