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Interest cannot be disallowed for mere non-conduct of business 

January 14, 2023 879 Views 0 comment Print

Ardor Chemicals Pvt. Ltd. Vs ITO (ITAT Ahmedabad) It is pertinent to note that though the business was not conducted during the present A.Y., for the purpose of smooth running of the business the assessee has borrowed the amount which was reflected duly in the bank account (Profit & Loss account and Balance Sheet of […]

Disclosure of undisclosed income can be further added as undisclosed stock

January 13, 2023 2100 Views 0 comment Print

ITAT Kolkata held that disclosure of undisclosed income under IDS, 2016 on which taxes are duly paid cannot be further added as undisclosed stock. Claim of set off of undisclosed income duly available against the undisclosed stock surrendered during the course of survey.

Secret Commission paid to parties in Cheque Discounting Business was eligible for 50% Deduction

January 13, 2023 2841 Views 0 comment Print

Commission earned by assessee on such “cheque discounting”  was chargeable at 0.25% of total deposits in the bank accounts owned/ operated by the assessee as commission income of the assessee for the assessment year under consideration in absence of details provided by assessee for arriving at any methodology along-with supporting evidence viz. details of beneficiaries, details of middlemen, basis of arriving at commission etc.

Adjustment of incorrect claim apparent from any information in return is permissible u/s 143(1)

January 13, 2023 9732 Views 0 comment Print

ITAT Chennai held that post amendment w.e.f. 01.04.2008, the scope of adjustment u/s.143(1) of the Act has widened and enlarged. Accordingly, adjustments with regard to incorrect claim apparent from any information in the return of income permissible.

Invocation of section 147 untenable in absence of new/ fresh material indicating escapement of income

January 13, 2023 2142 Views 0 comment Print

ITAT Chennai held that AO having chosen not to scrutinize the return cannot resort to the provisions of section 147 of the Income Tax Act in absence of any new or fresh material indicating escapement of income.

TDS on Freight – Non Submission of form 26A- ITAT restores matter to AO

January 13, 2023 1053 Views 0 comment Print

Arvind Purseth Vs CIT(A) (ITAT Cuttack) It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been […]

TDS on common area maintenance charges & Rent paid to distinct companies

January 13, 2023 1641 Views 0 comment Print

Ace Datamatics Pvt. Ltd Vs ITO (ITAT Delhi) In the present case also the AO in para 4.2 of the assessment order observed that the payments received by Ambience group are split into two companies of same group on single contract one for rent and the other for maintenance charges. However, the AO noted that […]

No deduction on Failure to pay employee’s contribution within prescribed due date under respective PF Act 

January 13, 2023 8559 Views 0 comment Print

Chase Security Vs ITO (ITAT Bangalore) Section 36(1)(va) and Section 43B(b) operate on totally different equilibriums and have different parameters for due dates, i.e., employee’s contribution is linked to payment before the due dates specified in the respective Acts and employer’s contribution is linked to payment before the due dates specified in the respective Acts […]

Object beneficial to a section of public is an object of general public utility

January 13, 2023 801 Views 0 comment Print

An object beneficial to a section of the public is an object of general public utility. But the section of the community sought to be benefited must be sufficiently defined and identifiable by some common quality of a public order or impersonal nature.

Addition u/s 69 based on tally data having various discrepancy is unsustainable

January 13, 2023 2949 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act based on tally data having various inherent discrepancy is unsustainable as AO failed to verify or ask the assessee to reconcile the same from actual books of accounts or physical stocks.

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