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Addition u/s 68 unwarranted on failed of AO to conduct an independent enquiry

June 1, 2023 3111 Views 0 comment Print

ITAT Kolkata held that addition u/s 68 unwarranted as AO failed to conduct an independent enquiry post submission of documents by the assessee relating to identity, genuineness of the transaction, and credit-worthiness of the subscribers.

Penalty u/s 271AAA leviable on failure to substantiate source & manner of undisclosed income

June 1, 2023 933 Views 0 comment Print

ITAT Pune held that penalty under section 271AAA of the Income Tax Act leviable as assessee failed to substantiate the source as well as the manner of the undisclosed income.

Penalty u/s 271B not leviable as delay of one day due to technical letches is venial in nature

June 1, 2023 930 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271B not leviable for mere delay of one day as such delay didn’t have any deliberate intention. The delay if any is on account the reasons on the technical letches on the portal and the same is venial in nature.

LTCG from sale of shares of 21st Century Finance Ltd. is genuine: ITAT Indore

June 1, 2023 2010 Views 0 comment Print

JCIT vs Amandeep Singh Bhatia: ITAT Indore dismisses revenue’s appeal, affirming CIT(A)’s deletion of Rs. 2,48,02,084/- addition as income from other sources. Detailed analysis provided.

Huge cash deposit, AO made adequate enquiries, Section 263 not invocable

June 1, 2023 1878 Views 0 comment Print

Arvi Lights challenged a revision under section 263 of the IT Act regarding cash deposits during demonetization. ITAT Delhi found AO’s inquiries sufficient, supporting the original assessment.

Rejection of books of account not justified for technical or general defects

June 1, 2023 1032 Views 0 comment Print

ACIT challenged CIT(A)’s decision to reject the books of accounts and estimation of profit. ITAT Delhi found no errors in CIT(A)’s findings and dismissed the revenue’s appeal.

ITAT deletes penalty – Bonafide mistake in disclosing foreign asset in ITR

June 1, 2023 6984 Views 0 comment Print

The penalty was levied for the non-disclosure of a life insurance policy held outside India in the income tax return. The ITAT ruled that the non-disclosure was a bonafide mistake and that the policy had been surrendered in the previous financial year.

ITAT disallows expense of Property Not Used for Business Purpose

June 1, 2023 474 Views 0 comment Print

ITAT disallowed the expenses claimed by by stating that a property not used for business purposes cannot be treated as a business asset. The property in question was sold and a new property was purchased using the proceeds. The expenses incurred on the new property, including watch & ward expenses and electricity expenses, were disallowed as the property was not shown as a business asset and depreciation was not claimed.

Addition unsustainable as department failed to prove that sundry creditors are bogus

May 31, 2023 4797 Views 0 comment Print

ITAT Delhi held that addition of sundry creditors u/s 68/69C of the Income Tax Act unsustainable as department failed to prove that the sundry creditors are bogus.

ITAT directs AO to verify TDS correction statement linking unconsumed challan with TDS deduction

May 31, 2023 1251 Views 0 comment Print

ITAT Hyderabad directs reexamination of TDS linkage, offering Country Club Hospitality & Holidays Limited a chance to avoid interest liabilities in a landmark ruling.

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