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Section 249(4)(b): Appeal cannot be submitted when ITR was filed

August 29, 2022 8793 Views 0 comment Print

Section 249(4)(b) of Income Tax Act, 1961 cannot be invoked when return of income filed by assessee was selected for scrutiny and assessment

TDS Credit denial for Mismatch in Form 26AS & 16A is Insensitive & injudicious

August 29, 2022 3189 Views 0 comment Print

Disallowance of TDS credit for Mismatch in Form 26AS & Form 16A is Insensitive & injudicious & violates CBDT equity and citizen charter

Business Losses set-off allowable against Speculative Income

August 29, 2022 5673 Views 0 comment Print

ITAT held that unabsorbed business losses can be set off against any income from business, be it speculative or otherwise.

No addition when no evidence about expenses being bogus in nature

August 29, 2022 1209 Views 0 comment Print

No addition was called for more so, when no evidence about the expenses being bogus in nature has been brought on record by the Revenue.

ITAT condones Delay in filing Appeal as Assessee was Imprisoned

August 29, 2022 2436 Views 0 comment Print

ITAT condone delay of 9 years in filing appeal  on account of inordinate delay of about 9 years as assessee was imprisoned to Jail

Sales promotion expenses not allowable if no nexus with business 

August 29, 2022 2802 Views 0 comment Print

Prity Tubes Pvt. Ltd. Vs JCIT (ITAT Kolkata) Coming to the next issue of sales promotion and advertisement expenses, we note that despite several queries and opportunities made available by the authorities below, the assessee has not been able to establish the nexus between the expenses incurred and the business of the assessee. Assessee has […]

Income Tax Reassessment without supplying reason is Invalid

August 29, 2022 2703 Views 0 comment Print

Recording of reasons before initiation of reassessment proceedings & communication thereof to assessee is sine qua non that goes to root of matter

Section 143(1) adjustment based on mere Tax Audit report vitiated in law

August 29, 2022 6915 Views 1 comment Print

No disallowance forzdelay in payment of employees’ contribution for provident fund, based on mere Tax Audit Report

Addition for money received from customers in old Notes – ITAT directs Assessee to furnish full details

August 28, 2022 1863 Views 0 comment Print

Shri Palanisamy Chinnasamy Vs ITO (ITAT Chennai) In this case, The assessment was completed under section 144 r.w.s. 144(1)(b) of the Act by making addition of ₹.5,34,000/- under section 69A of the Act on the ground that the money received from the customers on various dates in old notes cannot be accepted a genuine as […]

Late Filing of Audit Report not disentitle Trust from availing Section 11 benefit

August 28, 2022 7326 Views 0 comment Print

Non-filing of Audit Report in Form 10B along with Return of Income is merely a procedural defect which is rectifiable. If the Audit Report was available with the assessee at the time of filing of Return of Income and was not filed due to bonafide reasons the benefit of exemption under section 11 cannot be denied if otherwise assessee is eligible to claim the same.

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