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Excise duty/Interest subsidy given in pursuant of industrial policy is capital receipt

June 28, 2022 798 Views 0 comment Print

ITAT held that excise duty subsidy and interest subsidies given in pursuant of new industrial policy were held to be capital receipts.

Loss on restatement of loan obtained for purchase of indigenous assets is capital loss

June 28, 2022 735 Views 0 comment Print

Dive into the analysis of Steril-Gene Life Sciences’ appeal against DCIT’s treatment of forex loss as capital expenditure. Understand the impact on machinery cost and depreciation.

In absence of Jurisdiction over Assessee AO cannot issue Section 143(2) Notice

June 28, 2022 2370 Views 0 comment Print

Explore the legal intricacies of Anil Kumar Khetawat case vs. ACIT. Uncover how a jurisdictional flaw in issuing notice under section 143(2) renders the assessment proceedings void.

Section 263 jurisdiction cannot be exercised for substituting other possible view

June 28, 2022 543 Views 0 comment Print

Explore the case of Mahesh Arvind Tilve vs. PCIT (ITAT Mumbai) where the validity of the assessment is questioned. Assess the jurisdictional challenges and the significance of cash transactions.

Short-payment against invoices allowable as business loss even if not mapped against particular invoices

June 28, 2022 519 Views 0 comment Print

The undisputed position that emerges is that the assessee has received short-payment against invoices from various transport undertakings. The same is evident from the ledger extract furnished by the assessee. Undisputedly, these undertakings are the customer of the assessee and the shortfall of amount so received by the assessee has been claimed as bad-debts / discounts.

Addition for cash deposit – ITAT directs AO to consider submission of Assessee

June 28, 2022 1008 Views 0 comment Print

Explore the Harpreet Singh Grover vs. ITO case at ITAT Amritsar. Analysis of cash deposit controversy, CIT(A) decision, and ITAT’s order for de novo adjudication.

Depreciation compulsorily allowed even if Assessee has not Claimed It

June 28, 2022 1272 Views 0 comment Print

Explore the Orissa Power Transmission Corporation Ltd vs. ACIT case at ITAT Cuttack. Analysis of interest income, business vs. other sources, and prior period expenses.

No Section 271AAB Penalty if Search Proceedings were not initiated on assessee

June 28, 2022 684 Views 0 comment Print

Explore the ITAT Mumbai decision in Ramavatar Mandavewala vs. JT.CIT regarding the applicability of penalty under Section 271AAB for undisclosed cash. Detailed analysis and conclusion.

ITAT deletes addition for cash deposited during demonetization based on past trend of Cash Sales & Deposit

June 28, 2022 3114 Views 0 comment Print

Lateef Abdul Mohd. successfully challenges ITAT Hyderabad decision on cash deposit addition during demonetization, citing sales correspondence and legal precedent.

When sales are not in doubt, then 100% disallowance for bogus purchases cannot be made

June 28, 2022 1674 Views 0 comment Print

ITAT ruled that when sales are not in doubt, then 100% disallowance for bogus purchases cannot be made and relied on Hon’ble jurisdictional High Court in Nikunj Eximp Enterprises Pvt Ltd 372 ITR 619 (Bom) and Principal Commissioner of Income-tax vs M. Haji Adam & Co Income Tax Appeal No.1004 of 2016 dated 11/2/2019.

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