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Cash Deposit during Demonetization Period – AO must do comparative analysis of cash deposits with sales

November 21, 2022 6651 Views 0 comment Print

CBDT instructions dated 09/08/2019 speaks about the comparative analysis of cash deposits, cash sales, month wise cash sales and cash deposits. It also provides that whether in such cases the books of accounts have been rejected or not where substantial evidences of vide variation be found between these statistical analyses.

Appeal shall be revived once appellant violates any of the condition under DTVSVS Act, 2020

November 21, 2022 1239 Views 0 comment Print

ITAT Chennai held that it is fact that under Direct Tax Vivad Se Vishwas Act 2020 declarant cannot challenge sum payable before any appellate forum however once the declarant violates condition of DTVSVS Act 2020 the same can be revived by the Department.

Addition upheld as genuineness of purchase and sale of shares not explained

November 21, 2022 1731 Views 0 comment Print

ITAT Ahmedabad held that genuineness of source of purchase and sale of shares thereof remained unexplained and hence concluded that the sale of such shares were only accommodation entry and accordingly addition of entire sale consideration upheld.

Section 115JB benefit Not Available When Net Worth of Sick company Turns Positive

November 21, 2022 1533 Views 0 comment Print

Supertex Industries Ltd Vs DCIT (ITAT Mumbai) Undoubtedly, the assessee was referred to the board of industrial and financial Reconstruction Under the provisions of the sick industrial Companies act. Assessee was declared a sick company u/s 3 [1] [o] of the SICA. Rehabilitation scheme of the assessee was approved by the board of industrial and […]

Corpus donation is capital receipt & irrecoverable – Not Taxable even if Trust is not unregistered

November 19, 2022 4677 Views 1 comment Print

Assessee submitted that corpus donation is in the nature of capital receipt and thus not taxable in the hands of assessee trust irrespective of not being registered under section 12A of Act.

Assessment proceedings commence with filing of Income Tax return

November 19, 2022 2406 Views 0 comment Print

Assessment proceedings commence with filing of Income Tax return and not when notice is issued for the first time under section 143(2)

Assessee needs to establish genuineness of the expenditure

November 18, 2022 2541 Views 0 comment Print

ITAT Mumbai held that onus is on the assessee to establish that the specified expenditure incurred was wholly and exclusively for the purpose of the business, disallowance of expenditure justified in absence of such establishment.

Foreign travel expenditure meant for business purpose cannot be disallowed

November 18, 2022 8709 Views 0 comment Print

ITAT Mumbai held that expenditure incurred on such foreign travel cannot be disallowed on the reason that it was a pleasure tour and not meant for the purpose of business, as assessee furnished all the relevant details with supporting evidences together with the purpose of foreign travel.

Denial of cross-examination of person based on which addition was confirmed is unjustified

November 18, 2022 1209 Views 0 comment Print

ITAT Chandigarh held that denial of cross-examination, based on which addition on account of unrecorded sales was confirmed, demolishes the very foundation of making addition and hence such addition is unsustainable in law.

Additions on substantive basis without considering Supplementary Partnership Deed submitted by Assessee are not justified

November 17, 2022 2004 Views 0 comment Print

Satish Kumar Contractor Vs  ACIT (ITAT Delhi) Counsel for the assessee vehemently submitted that the AO was not justified in making the addition on substantive basis in the hands of the assessee. He submitted that the assessee had filed a Supplementary Partnership Deed which clarified about the liability of the assessee firm. It was further […]

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