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No Penalty for Expenses Disallowed Ad Hoc or Due to some Missing Vouchers

May 9, 2024 1305 Views 0 comment Print

ITAT observed that the disallowance of expenses by the AO was on an estimate and ad hoc basis due to the absence of supporting evidence, rather than evidence of concealment of income. Referring to legal precedents, the ITAT emphasized that disallowance based on the magnitude of expenses or missing vouchers is insufficient to justify a penalty, especially without evidence of mala fide intent.

No section 270A penalty for addition on account of estimation of fair market value by Valuation Officer

May 9, 2024 4248 Views 0 comment Print

ITAT Mumbai rules penalty under Section 270A deleted as I-T authority failed to consider reasons for difference in sale consideration and stamp duty valuation.

Book Entries & inadequate invoices Alone Insufficient for Proof of Asset Improvement Costs

May 9, 2024 720 Views 0 comment Print

ITAT upheld disallowance of the claimed expenditure, concluding that mere entries in books of account and inadequate invoices were insufficient to substantiate expenditure on property improvement.

ITAT Grants Additional Opportunity to prove Demonetization Cash Deposit source

May 9, 2024 681 Views 0 comment Print

Hyderabad ITAT grants additional opportunity to taxpayer to explain nature & source of cash deposits made during demonetization. Read full text.

ITAT confirms 12.5% gross profit margin on alleged bogus purchases

May 9, 2024 1287 Views 0 comment Print

In DCIT Vs Nilesh Shantilal Tank case, Mumbai ITAT confirms 12.5% gross profit margin on alleged bogus purchases as sales remain undisputed. Full text of the order included.

Delayed payment of Employees’ Contributions to PF, No Section 36(1)(va) Deduction

May 8, 2024 3606 Views 0 comment Print

Trimbak Konher Patil vs ITO: Bangalore ITAT decision clarifies that if employees’ contributions are not paid on time as per PF Act, employer can’t claim deduction u/s 36(1)(va).

Section 68 additions can be made in the year in which cash credit was received

May 8, 2024 3768 Views 0 comment Print

Mumbai ITAT’s ruling in Vijay Suresh Dave Vs DCIT regarding addition of unexplained cash credit u/s 68. Detailed analysis of the case and conclusions.

ITAT deletes Addition which were based on mere Typographical Error in Form 3CD

May 8, 2024 3759 Views 0 comment Print

Discover how Chennai ITAT’s verdict affects assessments. Learn how a typographical error in Form 3CD impacts additions to an assessee’s income.

Issuance of jurisdictional notice in the name of a non existing entity is a non curable defect u/s 292B

May 8, 2024 1470 Views 0 comment Print

Learn how issuance of a jurisdictional notice in the name of a non-existing entity led to the quashing of reassessment proceedings by the ITAT Delhi.

Section 54F Not Mandates Use of specific fund for new investment: ITAT Chennai

May 8, 2024 1197 Views 0 comment Print

Chennai ITAT’s ruling on Ramasubramaniam Sridhar Paul Vs ITO clarifies Sec.54F: no mandate on specific money usage for new investments under Capital Gain Account Scheme.

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