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Welfare of a particular community can also be a charitable purpose for registration u/s 12AA

November 5, 2015 2124 Views 0 comment Print

The ITAT Ahmedabad in the case of Ranpariya Solanki Sukhadiya Parivar Trust vs. CIT(Exemption) held that the application made u/s 12AA cannot be rejected even a trust’s object is to function in the interest of a particular community

Disallowance u/s 40A (3) for aggregate cash payments of more than Rs. 20,000 in a single day to one person is applicable w.e.f. 01/04/2009

November 5, 2015 3787 Views 0 comment Print

ITAT Amritsar held In the case of M/s. Pardeep Singh Wazir vs. The DCIT that Circular no. 1/2009, dated 27th March, 2009 issued by CBDT is effective from 01/04/2009 i.e. for the assessment year 2009-10 onwards.

CIT not authorized to verify charitable activities of trust while granting registration u/s 12AA

November 5, 2015 1685 Views 0 comment Print

ITAT Delhi held In the case of Jaipal Singh Sharma Trust vs. CIT that it is well settled that at the stage of grant of registration, the non-commencement of the activities by the Trust cannot be a ground for refusal of registration u/s 12AA.

Revision u/s 263 not allowed on matters which already enquired and replied in original assessment

November 5, 2015 1469 Views 0 comment Print

ITAT Ahmadabad held In the case of Adani Port & Special Economic Zone Ltd. vs. ACIT that two circumstances must exist to enable the Commissioner to exercise power of revision u/s 263, namely (i) the order is erroneous

Additions for unexplained investment based on mere DVO report not sustainable

November 4, 2015 1338 Views 0 comment Print

ITAT Ahmadabad held In the case of ACIT vs. Shri Kanakkumar J. Jariwala that mere valuation report is not sufficient to conclude that the assessee has made unexplained investment. From perusal of the assessment

No TDS liability on assessee for mere reimbursement of expenses – ITAT

November 4, 2015 3052 Views 0 comment Print

ITAT Delhi held In the case of Luxmi Rice Mills vs. ITO that there is no TDS liability on the assessee on account of reimbursement of expenses. In the present case, the assessee reimbursed the expenses to the bank and the bank ought to have deducted the TDS when there was a contract in between the bank and the NBHC

Addition on account of stock received for Job work as unexplained stock is not permissible – ITAT

November 4, 2015 1764 Views 0 comment Print

ITAT Ahmadabad held In the case of ACIT vs. M/s. Vipan Industries that where there are records available to show that the excess stock found during the survey not belong to the assessee but infact was of the other party who has taken said premises on lease, addition is not justified.

S. 69C Addition not sustainable where subsequently payment to parties made through normal banking channels

November 4, 2015 2242 Views 0 comment Print

ITAT Ahmadabad held In the case of Mukesh Ashmal Bokadia vs. ITO that AO is not justified to make addition on account of purchases as this is not the situation because books of account have not been fully rejected, none of the parties has previously been proved as bogus

Loss on cancellation of forward contracts related to cancelled export orders is ordinary business loss

November 4, 2015 3596 Views 0 comment Print

ITAT Kolkata held In the case of Shri Jayant Kr. Bhura vs. ITO that the loss arising to the assessee upon cancellation of the forward contracts was referable to and related to the assessee’s export business and arose out of the export business.

Merely because assessment order of AO is Brief & Cryptic it cannot be considered as erroneous & prejudicial to revenue interest

November 3, 2015 931 Views 0 comment Print

ITAT Chandigarh held in M/s. Ved Parkash Contractors Vs CIT that if the AO had passed brief and cryptic assessment order but had checked and verified all the related documents submitted by the assesse in reply to the questionnaire of the AO

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