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Ex-parte order – addition For unexplained cash – ITAT restore matter to CIT(A)

July 10, 2022 927 Views 0 comment Print

Satyabhama Avadhanula Karimnagar Vs ACIT (ITAT Hyderabad) I find the Assessing Officer on the basis of inquiry conducted u/s 131(1)(d) made addition of Rs.22.00 lakhs being unexplained cash found from the possession of the assessee and made addition of the same u/s 69A rws 115BBE of the I.T. Act. I find the learned CIT (A) […]

Delay cannot be condoned if delay in filing condonation of delay was deliberate

July 10, 2022 663 Views 0 comment Print

Vedika Realty Pvt. Ltd Vs ITO (ITAT Delhi) It is well settled law, the mere filing of appeal is not sufficient until and unless, it is effectively pursued and prosecuted. From the record, orders passed by the authorities below specifically by the Ld. Commissioners and the facts of the case, the conduct of the Assessee […]

Section 271(1)(c) Penalty not Applicable if Income Computed on Estimated Basis

July 10, 2022 1803 Views 0 comment Print

NBK Infrastructure P. Ltd Vs JCIT (ITAT Delhi) The Hon’ble Punjab & Haryana High Court in the case of Hari Gopal Singh Vs. CIT 258 ITR 85 held that when the additions are made on estimate basis that by itself does not lead to the conclusion that the assessee either concealed the particulars of his […]

No addition for mere registration of property in Assessees name without actual transfer of money

July 10, 2022 1824 Views 0 comment Print

Adilakshmi Srungavarapu Vs ITO (ITAT Visakhapatnam) Admitted facts are that the husband of the assessee in order to retain the property got the property registered in the assessee’s name and has repaid the loans borrowed by him by sale of gold jewellery and personal savings of the assessee. We also find merit in the argument […]

100% Section 80IAC deduction on Substantial Expansion after Expiry of 5 Years of setting up of new industry

July 10, 2022 1389 Views 0 comment Print

Spinks Impex Vs ITO (ITAT Delhi) Hon’ble Apex court in the matter of PCIT vs. Aarham Softronics [2019] 102 com 343 (SC), pronounced on 20-02-2019. Wherein, it was held an assessee availing exemption of 100% tax on setting up of a new industry, which is admissible for 5 years, and either on the expiry of […]

Credit for TDS deducted cannot be denied for non-payment by Deductor

July 10, 2022 4602 Views 1 comment Print

Liladevi Dokania Vs ITO (ITAT Surat) It is evidently clear that assessee received the rent income, and the Tenant (Deductor) has deducted TDS but has not deposited the TDS so deducted into the Central Government Account. Considering these facts, we note that issue under consideration is no longer res integra. The Hon`ble High Court of […]

ITAT restricts disallowance of Car expenses to 15% for personal use

July 10, 2022 4248 Views 0 comment Print

Jaykumar Mangilal Nagori Vs ITO (ITAT Pune) It is indisputable that the assessee could not lead any evidence to demonstrate that the user of the car was restricted only to business purposes and did not percolate for personal use. Even the auditor has also mentioned that the personal element in vehicle expenses could not be […]

Interest rate on unsecured loan cannot be compared with interest rate on bank loan

July 10, 2022 8217 Views 0 comment Print

R R M Trading Co. Vs ACIT (ITAT Delhi) ITAT find that AO has restricted the payment of interest to the related parties @ 18% to 12% on the ground that it is excessive and unreasonable looking to the fact that assessee has paid interest to the partners @ 12% which is in accordance with […]

Trust not registered U/s 12AA- AO directed to allow expenditure & Tax Surplus

July 10, 2022 14970 Views 0 comment Print

Joharimal High School Vs ITO (ITAT Cuttack) Undisputedly rather admittedly, the assessee does not enjoy registration u/s.12AA of the Act and as per e-return filed before the Bench, as per column 3, the assessee has shown receipt of income of Rs.97,10,521/- and as per column 4(i), amount applied during the previous year or expenditure incurred […]

Penalty not leviable if foundation for levy itself is crumbled

July 10, 2022 1344 Views 0 comment Print

Sharda Educational Trust Vs JCIT (ITAT Delhi) The Bench is of firm view that the foundation of issuing show cause notice for penalty u/s 271(1)(c) of the Act, being crumbled by a verdict of this Tribunal, by deletion of additions, the penalty order alone cannot stand by its own against the assessee. Reliance in this […]

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