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Addition based on non-appearance of directors of subscribing company untenable

November 22, 2022 969 Views 0 comment Print

ITAT Kolkata held that non-compliance to summons issued u/s 131 of the Act or non-appearance of the directors of the subscribing companies cannot be basis for making addition as the assessee has proved the identity, creditworthiness of the investors and genuineness of the transactions.

ITAT quashes reassessment order as notice was issued on incorrect facts without application of mind

November 22, 2022 1803 Views 0 comment Print

Bhavmeet Singh Bhatia Vs ACIT (ITAT Delhi) AO noted that the assessee has not filed the return of income for AY 2011-12 whereas the copy of the return of income available in assessee’s paper book clearly reveals that the assessee did file the return of income for AY 2011-12. It is also clearly discernible that […]

Section 271D Penalty proceeding is independent of assessment proceedings

November 22, 2022 3216 Views 0 comment Print

Dr. Sankaran Sundar Vs ITO (ITAT Bangalore) The penalty imposed u/s 271D of the I.T.Act is independent of assessment proceedings completed u/s 143(3) of the I.T.Act. Even without completion of assessment u/s 143(3) of the I.T.Act, penalty u/s 271D of the I.T.Act can be imposed for violation of provisions of section 269SS of the I.T.Act. […]

Disallowance of expenditure incurred towards film not released is unsustainable

November 22, 2022 2520 Views 0 comment Print

ITAT Mumbai held that expenditure relating to film which was not released and hence not co-relatable to any income, cannot be disallowed as the expenses were incurred wholly and exclusively for the purpose of the business.

ITAT upheld taxation of Capital Gain in the year of Registration of sale deed

November 22, 2022 1806 Views 0 comment Print

Ambesh Shrivastav contests capital gain assessment. Sale deed registration and possession date critical in ITAT Indore case.

No deemed letting value Addition for vacant sites if no income was derived

November 22, 2022 576 Views 0 comment Print

Selvaraj Shanthamani Vs ITO (ITAT Chennai) Assessee is aggrieved by confirmation of certain additions of Rs.13.51 Lacs which represent deemed letting value of four properties owned by the assessee. Village Administrative Officer has certified that these properties are vacant sites. The said certificates were furnished by the assessee during e-proceedings also. The assessee, vide submissions […]

Revised monetary appeal filing limits applies retrospectively to pending appeals

November 22, 2022 1812 Views 0 comment Print

ITO Vs Pioneer Khadan Product Pvt. Ltd (ITAT Kolkata) On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian […]

Sell of properties of borrower by bankers/ARCs – Govt should ensure mechanism to recover tax from recipient

November 22, 2022 3078 Views 0 comment Print

It is time that Government seriously considers protecting its legitimate interests by ensuring some mechanism to ensure that tax liability on capital gains is duly recovered from borrower whose property is sold, and when it is not possible to do so on account of borrower’s genuine financial difficulties, from person who receives proceeds of sale of such assets.

Foreign Currency Bond (FCCB) expenses allowable as revenue expenses

November 22, 2022 1074 Views 0 comment Print

ACIT Vs ORG Informatics Limited (ITAT Ahmedabad) Assessee stated that the issue of FCCB is a Foreign Currency Bond issue and it is basically a debt instrument in the nature of loan and all issue expenses related to that are allowable as revenue expenses. This issue is not a public issue but is made to […]

Section 271(1)(c) Penalty not imposable if no addition to income

November 22, 2022 2223 Views 0 comment Print

Since additions have been deleted, the very foundation to visit assessee with penalty does not survive. Hence, no penalty is imposable upon assessee

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