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HC set aside Order passed before expiry of time granted by AO to reply to draft assessment

June 16, 2022 1032 Views 0 comment Print

Bhadrish Jayantilal Sheth Vs ITO (Calcutta High Court) In this writ petition, petitioner has challenged the impugned assessment order dated 30th March, 2022 under Section 147 read with Section 144B of the Income Tax Act, 1961 relating to assessment year 2013-2014 on the ground of violation of principle of natural justice by not providing the […]

CIT(A) justified in admitting additional evidences if AO not given sufficient opportunity to Assessee

June 16, 2022 1038 Views 0 comment Print

ACIT Vs Blind Peoples Association India (ITAT Ahmedabad)  The learned Counsel for the assessee has taken us through the relevant documents placed in the paper-book to point out that the proper and sufficient opportunity was not afforded by the Assessing Officer to the assessee during the course of assessment proceedings to furnish specifically the details […]

Agricultural income cannot be taxed based on mere statistical data

June 16, 2022 1380 Views 0 comment Print

Kuldeep Katiyar Vs ACIT (ITAT Delhi) Addition of Rs.13,07,933/-treating the agricultural income as income from other sources. ITAT find that the assessee produced certain evidences in support of his claim regarding earning of agricultural income. The AO without verifying the correctness of claim and rebutting the evidences based his finding on certain statistical data. No […]

IBC section 7 Application not fulfilling the threshold of Rs. 1 Crore is not sustainable

June 16, 2022 3711 Views 0 comment Print

Prafulla Purushottamrao Gadge Vs Narayan Mangal (NCLAT Delhi) The submission raised by the Counsel for the Appellant that the Application which has been filed on 25.06.2021 under Section 7 has to fulfill the requirements of threshold as introduced by Notification dated 24.03.2020 has substance. The Adjudicating Authority has not adverted to the said issue and […]

HC direct AO to pass speaking order after considering submission of appellant

June 16, 2022 807 Views 0 comment Print

SL Lumax Ltd. Vs DCIT (Madras High Court) Without expressing any opinion on the merits of the case, HC is inclined to set aside the orders impugned herein as well as in the writ petition and are accordingly, set aside. Consequently, the matter is remanded to the assessing officer to decide the decision for reopening […]

Value of diesel provided free of cost by service recipient not includible in value of GTA service

June 16, 2022 3066 Views 0 comment Print

The value of diesel filled free of cost (FOC) by the service recipient is not includable in the value of the GTA service proposed to be provided by the Applicant in the facts and circumstances of the present application subject to conditions as mentioned in draft Transport Service Agreement/ contract incorporated in the body of this decision/ruling.

FBT not leviable on mere provision for Approved Superannuation Fund

June 16, 2022 693 Views 0 comment Print

Jyoti Ltd. Vs DCIT (ITAT Ahmedabad) Solitary issue involved therein relates to the addition by Assessing Officer and confirmed by the learned CIT(A) being provision towards contribution to Approved Superannuation Fund for the purpose of determining liability of the assessee on account of Fringe Benefit Tax. FULL TEXT OF THE ORDER OF ITAT AHMEDABAD This […]

Belated ITR filing due to technical issues – Carry-forward of losses allowed

June 16, 2022 2382 Views 0 comment Print

Tenovia Solutions Pvt. Ltd. Vs ADIT (ITAT Chennai) The assessee suffered business-loss during the year and claimed carry-forward of losses for Rs.57,69,223/-. However, CPC has reduced the same to Rs.63,849/-. This was due to the fact that the last date of filing return of income was 31.10.2019. However, the return was filed 12 minutes and […]

Cash system of accounting- TDS credit allowable in year in which Receipts Are Offered to Tax

June 16, 2022 3882 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) During appellate proceedings, the assessee submitted that the receipts have been offered on cash basis and therefore, TDS credit would be available as per Sec.199 of the Act i.e., in the year in which the respective receipts are offered to tax. In support, the assessee also filed […]

Section 68 additions merely for minimum income declared by parties not sustainable

June 16, 2022 945 Views 0 comment Print

AO cannot make additions only on the basis of minimum income declared by the parties, because the income earned by person cannot decide quantum of loan that a person can give

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