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All ITAT

AO cannot treat advance from customers as Deferred Sale without concrete basis

January 11, 2024 993 Views 0 comment Print

In the case of Raj Auto Wheels (P) Ltd vs ACIT, ITAT Jaipur meticulously analyzed additions based on customer advances and sales deferment, emphasizing legal principles and fair assessment. Tribunal’s rulings underscore the importance of genuine transactions and consistent legal application in tax assessments.

No disallowance under Section 40(a)(ia) if payee has already paid taxes: ITAT Jaipur

January 11, 2024 2328 Views 0 comment Print

The issue involved the contention that disallowance under Section 40(a)(ia) should not be made if the payee has already paid taxes. Noteworthy payees included public limited companies such as Maruti Udhyog Ltd., and Non-Banking Finance Corporations like Sundaram Finance, AU Finance, and Mahindra & Mahindra Finance.

Addition based on GP Rate: ITAT reduces addition from 2.26 Crore to 2 Lakh

January 11, 2024 4947 Views 0 comment Print

Tribunal concluded that the enhancement of the sale amount and the application of a higher GP rate of 3.25% lacked justification. The resultant addition of Rs. 2,26,41,521/- was deleted. However, to cover possible income leakage, an ad hoc addition of Rs. 2,00,000/- was allowed.

Residential Status Dispute: Assessee’s Victory in ITAT Mumbai

January 11, 2024 2373 Views 0 comment Print

Mumbai ITAT rules in favor of assessee in residential status dispute. Case details of ACIT vs. Nishant Kanodia for AY 2013-14. Complete analysis and judgment.

ITAT Kolkata deletes addition of Rs. 3 Crore of share capital & share premium

January 10, 2024 2862 Views 0 comment Print

In-depth analysis of ITAT Kolkata order on Income Tax Department’s misuse of Section 68 powers. Dismissal of appeal for unexplained cash credit of Rs.3 Cr.

ITAT Orders Re-examination of Section 153A Validity and return filing Issue

January 9, 2024 888 Views 0 comment Print

Explore the ITAT Mumbai order on DCIT vs. Ronak Gems – Section 153A. Analysis of grounds challenging validity and scope of assessment. Full text of the order included.

PCIT Central not competent authority u/s 12AB(1) to pass order on registration of Trust

January 9, 2024 2826 Views 0 comment Print

The recent ruling by the Delhi ITAT in the case of Aggarwal Vidya Pracharni Sabha vs. PCIT has brought to light significant issues regarding the jurisdictional authority in registration cancellation under Section 12AB(4). The order, dated 08.01.2024, has declared the cancellation by PCIT Central as without jurisdiction.

TDS Claim Denied – ITAT Delhi Directs Re-examination

January 9, 2024 720 Views 0 comment Print

Explore ITAT Delhi’s order directing re-examination of TDS claim denial by CPC. Detailed analysis of the case, issues, and the CBDT’s notification for TDS refunds.

Assessment Order Without DIN/DN Quashed by ITAT Delhi

January 9, 2024 951 Views 0 comment Print

Explore ITAT Delhi ruling in Smt. Sharda Devi Bajaj vs. DCIT. Quashing of assessment order lacking Document Identification Number (DIN/DN). Analysis of CBDT Circular.

Granting Condonation for Appeal Delay: Consider Senior Citizens Unfamiliar with Digital Systems & Faceless Scheme

January 8, 2024 2418 Views 0 comment Print

Assessee had shown sufficient cause for the delay in filing the appeals before the Tribunal as he was old and not well acquainted and conversant with the digital system in order to follow up with the income tax notices, which were posted in IT portal. Accordingly, the delay in filing appeal was condoned.

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