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Conditional approval under section 80G by PCIT is unsustainable

January 19, 2023 1749 Views 0 comment Print

ITAT Mumbai held that granting of conditional approval under section 80G of the Income Tax Act by PCIT/CIT is unsustainable in the eyes of law.

Transaction cannot be doubted for mere non-reply to section 133(6) notice

January 19, 2023 17259 Views 0 comment Print

Merely because entity has not responded to section 133 (6) notice the transaction cannot be doubted and be treated as non-genuine

Bogus Purchase- No addition for amount shown in work in progress

January 19, 2023 1680 Views 0 comment Print

Since Bogus Purchase expenses were shown by assessee under the head work in progress and has not been reflected in the trading account, therefore, no addition can be made.

Furnishing of Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020

January 19, 2023 14388 Views 1 comment Print

Requirement of furnishing audit report in Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020 only.

No further addition for unaccounted inventory already accounted in books

January 19, 2023 1863 Views 0 comment Print

D.C.I.T Vs Vinodchandra Shanabhai Patel (ITAT Ahmedabad) On perusal of the profit and loss account of the assessee placed on page 29 of the paper book, we find that the assessee has shown other income of ₹1,92,78,814.00 which is representing the unaccounted stock found during the course of survey operation under section 133A of the […]

Karnataka Vikas Grameena Bank is deemed co-op society for Income Tax purposes

January 18, 2023 1773 Views 0 comment Print

Karnataka Vikas Grameena Bank Vs ACIT (ITAT Bangalore) Assessee is a regional rural bank and formed with the merging of four regional banks into a single regional rural bank. As per the Regional Rural Bank Act 1976 notification dated 12/09/2005, the shareholders were Central Government, State Government and sponsored Bank. The case was reopened on […]

Assessment order passed in the name of non-existent entity is invalid

January 18, 2023 2529 Views 0 comment Print

ITAT Delhi held that assessment order passed in the name of non-existent entity is equivalent to passing an order in the name of dead person, hence, is invalid.

ITAT upheld addition for Cash deposited during demonetization out of alleged tuition income

January 18, 2023 2496 Views 0 comment Print

Smt. Sonal Kumari Vs ITO (ITAT Chennai) The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the action of AO in adding the cash deposited during demonetization period in assessee’s savings bank account maintained with Punjab National Bank between 15.11.2016 to 05.12.2016 amounting to Rs.7.68 lakhs. The […]

Section 40A(3) Disallowance not applicable on cash payment to MSEDCL

January 18, 2023 4338 Views 0 comment Print

MSEDCL is a State under Article 12 of Constitution and cash payments made to its franchise/agent is covered under Rule 6DD(b). Therefore, disallowance under Section 40A(3) is not justified.

Addition of SEZ book profits while computing book profits u/s 115JB is unsustainable

January 18, 2023 1455 Views 0 comment Print

ITAT Bangalore held that addition of Special Economic Zone books profits while computing books profits under section 115JB of the Income Tax Act is unsustainable in law in terms of Special Bench of Delhi Tribunal decision in the case of ACIT vs. Vireet Investment (P) Ltd.

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