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Reassessing income without any incriminating material found during search is unsustainable

April 27, 2023 1035 Views 0 comment Print

ITAT Kolkata held that reassessing income post completion of assessment u/s 143(3) without any incriminating material found and seized during the course of search is unsustainable. Accordingly, addition thereof is liable to be deleted.

Issue considered in order is open for revision if order is erroneous and prejudicial to interest of justice

April 27, 2023 1845 Views 0 comment Print

ITAT Jodhpur held that any issue which was considered by AO in the assessment order and such order is erroneous and prejudicial to the interest of justice, then, such order would be open for revision under section 263 of the Income Tax Act.

Deduction u/s 80HHE is allowed against gross total income

April 27, 2023 1347 Views 0 comment Print

ITAT Mumbai held that deduction under section 80HHE of the Income Tax Act is allowed against the gross total income.

Penalty cannot be imposed on additions purely based on estimation of income

April 27, 2023 5430 Views 0 comment Print

Penalty order did not specify the charge & penalty was imposed purely on the basis of estimation of income so not valid

ITAT deletes addition for cash deposited during demonetization against earlier withdrawals

April 27, 2023 4218 Views 0 comment Print

Laxmi Narain Vs ITO (ITAT Delhi) In the present case there is no dispute regarding the fact the assessee deposited Rs. 10,49,000/- in cash on 18.11.2016 during demonetization period and the AO picked up said amount for making addition in the hands of assessee u/s. 69A of the Act. From the copies of the order […]

Section 194H TDS not deductible on Turnover Discount by Distributor to dealers

April 27, 2023 3405 Views 0 comment Print

ITO Vs Marda Associates (ITAT Kolkata) CIT (A) held that A.0. misunderstood that the benefit/ incentive/additional margin passed on by the appellant through credit notes was in the nature of commission. He further, misunderstood that discount/ additional margin could be given only on the invoice and not post invoice. It is submitted that the commission […]

Ex-parte order in absence of assessee – ITAT restores matter to CIT(A)

April 27, 2023 1479 Views 0 comment Print

Impugned order was passed by CIT(A) in absence of assessee. Assessee did not get an opportunity to represent his case before CIT(A)

Addition for Cash Deposit of Tuition Fee received during Demonetization – ITAT restores matter to CIT(A)

April 27, 2023 2472 Views 0 comment Print

Riya Sunil Jain Vs ITO (ITAT Mumbai) A.O has come to the conclusion that cash deposited in the bank account of the assessee has no connection with tuition income received by her. Therefore, the AO treated the cash deposited during the demonetization period appearing in the bank account as unexplained money u/s 69A of the […]

Section 54B Exemption on payment for purchase of land against advance received

April 26, 2023 3954 Views 0 comment Print

Inderjit Singh Mann Vs ACIT (ITAT Chandigarh) The assessee has filed copy of the sale deed dated 19.2.2009 in the paper book in which it is specifically mentioned that assessee received various advances from the purchasers on different dates in the year 2007 before execution of sale deed. According to the chart prepared by the […]

Assessment framed on the basis of mere ‘base note’ is unsustainable

April 26, 2023 1083 Views 0 comment Print

Pratap Joisher Vs ACIT (ITAT Mumbai) ITAT Mumbai held that assessment framed on the basis of ‘base note’ without preferring to collect evidence based on ‘consent waiver form’ is not sustainable in the eyes of law. Facts-On receiving information by the Central Board of Direct Taxes (CBDT) from French Authority under Article 28 of the […]

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