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Advocate Nikhilesh Begani

Latest Posts by Advocate Nikhilesh Begani

HC Remands Case to CIT for Reconsideration on University’s Section 10(23C)(vi) Eligibility

September 16, 2024 333 Views 0 comment Print

Chhattisgarh High Court ruling on Shaheed Nand Kumar Patel Vishwavidyalaya vs CIT. Examines rejection of tax exemption under Section 10(23C) of IT Act.

Invalid Assumption of Jurisdiction by AO: CIT Cannot Revise Assessment Order

July 26, 2023 4296 Views 0 comment Print

In the case of Smt. Aruna Tiwari Vs. PCIT, the ITAT Raipur ruled that a non-est assessment order cannot be revised by the CIT under Section 263 of the Income Tax Act.

ITAT order allowing EPF & ESIC employee’s contribution prior to Checkmate Services Judgment suffers from ‘apparent mistake from record’ 

June 9, 2023 9957 Views 0 comment Print

Explore the ITAT order rectifying disallowance of EPF & ESIC contributions, diverging from the Checkmate Services judgment. Analysis, implications & more.

Approval granted under section 153D on ‘presumption’ basis is invalid

March 31, 2023 4158 Views 0 comment Print

Akshata Realtors Pvt. Ltd. Vs ACIT (ITAT Raipur) ITAT held that the Approval granted by the JCIT, Range Central, Raipur under section 153D on ‘presumption’ basis without thoroughly going through the seized material, assessment records etc. as perfunctory, without application of mind, mechanical in nature hence, invalid, bad in law and liable to be quashed. […]

Section 40A(2)(b) Disallowance not valid if AO not formed opinion on excessive or unreasonable deduction

August 12, 2022 4176 Views 0 comment Print

A.O while working out disallowance under section 40A(2)(b), had though observed that the payment of salary to the aforementioned two related parties in question was found to be excessive, but had fundamentally erred by not opining as to what as per him was the fair market value of the service which were being rendered by the aforementioned related persons, considering which the payments made to them by the assessee were to held as excessive.

Dismissal of appeal on account of non payment of taxes – ITAT restored matter to CIT(A)

August 12, 2022 2007 Views 0 comment Print

Dismissal of appeal in limine on account of non payment of taxes & non filing of returns u/s.153A. Appeal restored to file of CIT(A) in view of proviso to section 249(4)(b) to exercise the discretion vested in him & to consider the plea taken by appellant as regards financial difficulties.

Section 271B penalty notice after 30 months of completion of assessment is not sustainable

August 12, 2022 2286 Views 0 comment Print

Levy of penalty by the assessing officer after passage 30 months after the completion of the assessment, we are of the opinion that the penalty proceedings are barred by limitation and consequently penalties levied under section 271B cannot be sustained

ITAT deletes addition for Share Application Money from Kolkata based companies

August 12, 2022 465 Views 0 comment Print

ITO vs. Sharda Shree Agriculture & Properties Pvt. Ltd. relating to addition on account of Share Application Money from two Kolkata based companies. Entire Addition was deleted

ITAT deletes Entire Additions on account of alleged Bogus Purchases & Bogus Sales

August 12, 2022 4875 Views 0 comment Print

ACIT vs. Sanjay Kumar Kochar relating to deletion of addition on account of Bogus Purchases & Bogus Sales. Entire Addition was deleted.

Section 263 gets triggered only when order is erroneous & also prejudicial to interest of Revenue

May 16, 2019 3675 Views 0 comment Print

Held, That The Assessing Officer had conducted enquiry and after various rounds of hearing and deliberation with the assessee and scrutinizing the documents filed before him as well as submissions of the assessee, the Assessing Officer had passed an order. 

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