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Addition restricted to profit element in case of bogus purchases as sales not doubted

November 8, 2023 5970 Views 0 comment Print

ITAT Ahmedabad held that in case of bogus purchases, if the sale is not in doubt, then only the profit element embedded in such purchases should be subject to tax in the hands the assessee. Accordingly, CIT(A) restricting disallowance to 25% of the addition justified.

Profit cannot be estimated without rejecting books of Account

November 8, 2023 4218 Views 0 comment Print

In the case of Bulu Ghosh vs. ITO, the ITAT Kolkata ruled that profit cannot be estimated without rejecting books of account. Read the full text of the order here.

No addition u/s 69A on the basis of statement recorded during survey if there was no supporting evidence

November 8, 2023 3414 Views 0 comment Print

Addition under section 69A was not justified as AO had not brought on record any material in support of the addition made by him nor he provided any basis for arriving at the basis, particularly when all the 30 flats had not been sold during the year relevant to AY 2017-18, therefore, there was no basis for arriving at the conclusion that assessee had received any on-money.

Assessment order passed without mentioning of DIN was invalid and should be deemed to have never been passed

November 8, 2023 4497 Views 0 comment Print

Since there was no DIN mentioned in the assessment order which was contrary to the CBDT Circular No.19/2019 dated 14th August 2019, therefore, the jurisdiction assumed was invalid as generation of DIN subsequently and generation of intimation to be sent to assessee were of no consequence for the purpose of assessment and raising the demand.

Interest on amount advanced to sister concern cannot be disallowed

November 7, 2023 2691 Views 0 comment Print

ITAT Chennai held that disallowing the interest to the extent of amount advanced to its sister concern unsustainable as subsidiaries are engaged in the business as that of the assessee and it is called the expansion of business.

No Section 80P deduction on insurance activities as not fall under Banking business

November 7, 2023 519 Views 0 comment Print

Deduction claimed by assessee in return of income which was directly relatable to the insurance activities, as it did not fall under section 80P(2) i.e., Insurance activities.

Late Payment of Employees’ PF/ESIC Contributions not allowable u/s 36(1)(va)

November 6, 2023 8664 Views 0 comment Print

In a case between Giri Bahadur and the Ward, ITAT Mumbai dismisses the appeal, upholding disallowance of late PF/ESIC contributions under Section 36(1)(va) of the Income Tax Act.

Debatable issue cannot be rectified under Section 154 of Income Tax Act

November 6, 2023 1539 Views 0 comment Print

Find out if Anandji Kalyanji’s tax assessment dispute was resolved by Section 154 of Income Tax Act, 1961. Learn what ITAT Jodhpur ruled in case of Anandji Kalyanji vs. ACIT in this blog post.

ITAT Directs Reevaluation of Registration Denial for Indian Red Cross Society

November 6, 2023 807 Views 0 comment Print

The Indian Red Cross Society’s denial of registration under sections 12AB and 80G(5) of the Income Tax Act faces reevaluation by the ITAT due to concerns about compulsory donation fund transfers.

Commission @2% of accommodation entries is as per prevailing market rate and hence sustainable

November 6, 2023 2265 Views 0 comment Print

ITAT Delhi held that commission taxed @2% of the amount of accommodation entries provided by the assessee has not been made on ad hoc basis, however, the same is as per prevailing market rate. Accordingly, the addition is sustained.

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