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HC Quashes Cryptic unreasoned order of three line

June 20, 2022 3798 Views 0 comment Print

HC was not satisfied with cryptic unreasoned order three line order Passed by AO and Therefore, quashed and set aside the assessment order

Section 148A notice not tenable for matter falling under Section 153C

June 20, 2022 3198 Views 0 comment Print

Pradeep Kumar Varshney Vs ITO (Delhi High Court) Learned counsel for the Petitioner states that in the present case notice under Section 148A is not warranted as it is a case of Section 153C of the Act to which proviso (c) of Section 148A applies. In response to a pointed query, Mr. Sunil Agarwal, learned […]

Land Development Expense Not Deductible in absence of Evidence

June 20, 2022 927 Views 0 comment Print

Rohan Pereria Vs ITO (ITAT Pune) The issue in the present appeal raised through various grounds of appeal relates to the allowance of expenditure claimed as development expenditure on sale of land situated at Baner, Pune while computing the capital gains on the sale of said land. On careful perusal of the order of the […]

No section 271(1)(c) penalty for additions upheld on estimation basis

June 20, 2022 954 Views 0 comment Print

Jagubhai Chhaganbhai Patel Vs I.T.O (ITAT Surat) In this cases in quantum appeals assessee was granted substantial relief in deleting major part of additions and only part of capital gains only on account of cost of improvement on pucca structure was partly upheld on estimation basis. Therefore, all substantial additions were either deleted or upheld […]

Delay in filing of Form 10 – ITAT directs CIT(E) to re-­examine the reasons for failure

June 20, 2022 3030 Views 0 comment Print

Bhalchandra Educational Trust Vs CIT (Exemptions) (ITAT Lucknow) CBDT vide Circular No. 7/2018 dated 20/12/2018 has issued directions for condonation of delay u/s 119(2)(b) of the Act in filing of Form 10 and Form 9A for assessment year 2016-17. The analysis of directions of CBDT vide this circular reveals that since assessment year 2016-17 was the […]

No section 68 addition for Cost of purchase of penny stock shares

June 20, 2022 870 Views 0 comment Print

Hiralaxmi Ishwarlal Mehta Vs ITO (ITAT Mumbai) ITAT noted that the assessee already disclosed the bogus long term capital gain claim on sale of penny stock shares under income disclosure scheme. The sum so disclosed was Rs. 16,20,156/-. The cost of these shares was Rs. 30,673/- which was a component of the total sale proceeds […]

HC orders refund of demand adjusted in excess of 20% of disputed tax demands

June 20, 2022 2238 Views 0 comment Print

Goel Road Carriers Private Limited Vs ACIT (Delhi High Court) HC noted the fact that refund has been adjusted against the outstanding tax demand by the Authority without following the due procedure prescribed under Section 245 inasmuch as no notice or opportunity of pre-decisional hearing had been provided to the petitioner prior to such adjustment […]

Section 269SS & 269T not applicable to Cash Payment/receipt for purchase of land

June 20, 2022 4230 Views 0 comment Print

Rajesh Vitthal Badade Vs JCIT (ITAT Pune) It is found as an admitted position that the AO recorded statement of Mr. Sampat G. Mandhare and Mrs. Dropadabai Fakirrao Harpale, who had given sum of Rs. 5.00 lakh and Rs.7.00 lakh respectively to the assessee as advance for purchase of the land. Here it is relevant […]

Voluntary statements cannot constitute pre-show cause notice consultation

June 20, 2022 996 Views 0 comment Print

Voluntary statements cannot constitute pre-show cause notice consultation as envisaged in the paragraph 5 of the 2017 Master Circular.

ITAT condone delay in filing appeal as Advocate of appellant was busy in filing GST returns

June 20, 2022 1161 Views 0 comment Print

.In the reason for delay in filing the appeal the appellant has stated that Advocate was busy in filing the GST returns and forgot to file the said appeal.

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