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Source of cash deposit not satisfactorily explained hence addition u/s 69 sustained

May 12, 2023 13785 Views 0 comment Print

ITAT Chennai held that addition u/s 69 towards unexplained money sustained on failure to explain the source of the cash deposits with necessary evidences.

Section 54F exemption eligible even if construction of new house starts before sale of original asset

May 12, 2023 10893 Views 0 comment Print

Kapil Kumar Agarwal Vs DCIT (ITAT Delhi) ITAT held that assessee has purchased a house property i.e. a new asset and is entitled to exemption u/s 54F of the act despite the fact that construction activities of the purchase of the new house has started before the date of sale of the original asset which […]

Order passed after due application of mind cannot be subjected to proceeding u/s. 263

May 12, 2023 1263 Views 0 comment Print

Shri Keshoraipatan Sahkari Sugar Mills Ltd. Vs PCIT (ITAT Jaipur) We find that the assessment was taken up for scrutiny under CASS to examine the deduction claimed chapter VIA for limited purpose and on this issue, there is finding of the ld. AO in the assessment order. Yet, learned PCIT has subjected the assessment order […]

No penalty on income voluntarily declared in ROI after receipt of section 148 notice

May 12, 2023 16011 Views 0 comment Print

Voluntary Income declared by assessee on its own i.e. without any detection cannot be considered as equivalent to providing inaccurate particulars of income or concealing particulars of Income

Section 271D cannot be imposed after expiry of larger period of limitation

May 12, 2023 8373 Views 0 comment Print

Jagdish Chandra Suwalka Vs JCIT (ITAT Jaipur) ITAT observed that the provisions contained u/s 275(1)(a)are not applicable on the facts of present case for the reason that undisputedly no appeal has been filed against the assessment order passed on 28.12.2017. Therefore, it cannot be said that the relevant assessment or other order was subjected to […]

Subsequent use of land by purchaser not relevant to decide nature of land when it was sold

May 12, 2023 2349 Views 0 comment Print

mere non-disclosure of agricultural income in the return of income does not change the characteristics of land. Subsequent use of land by the purchaser has no connection to decide the nature of land, whether it is an agricultural land.

Tax consultant not followed tax demands – ITAT restores matter to CIT(A)

May 12, 2023 4182 Views 1 comment Print

ITAT noted that tax consultant of assessee has not followed all tax demands and necessary submissions made to Revenue Authorities during pre-covid period i.e. 06.08.2019 to 14.03.2020.

AO cannot treat donation given as Bogus without conducting any inquiry

May 11, 2023 5457 Views 0 comment Print

Ravindra K. Reshamwala Vs DCIT (ITAT Mumbai) It could be seen that the assessee had given donation on 21/06/2004 against valid receipt issued by the Trust. The donation was made through cheque which got cleared from assessee’s bank account. The assessee was issued requisite Form No.58A by the trust. The trust had valid registration at […]

Sales tax subsidy received by assesee from Haryana Govt. is capital receipt

May 11, 2023 801 Views 0 comment Print

Delhi High Court held that sales tax subsidy received by assessee be treated as capital receipt and not be added to income of asseseee.

Disallowance of expense already disallowed by Assessee amounts to double disallowance

May 10, 2023 3924 Views 0 comment Print

Ld. AO has disallowed the provision for sick leave amounting to Rs. 80,51,334/- which has already been disallowed by the assessee in its computation of taxable income. Para 5.15 of CIT(A)’s order at page 17 refers. Therefore, sustenance thereof will amount to double disallowance.

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