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Penalty not survive if Assessment Order held to be void ab initio

June 24, 2022 1257 Views 0 comment Print

ACIT Vs Rameshbhai Jivrajbhai Desai (ITAT Ahmedabad) During the course of assessment proceedings, the Assessing Officer initiated penalty proceedings under Section 271(1)(c) of the Act. The Ld. AR submitted that the assessment order passed under Section 153A of the Act was held to be void ab initio and thus there is no addition in the […]

If agreement for sale of immovable property not registered, it not amounts to transfer

June 24, 2022 2724 Views 0 comment Print

If an agreement for sale of immovable property is not registered, it does not amount to transfer in view of the 2001 amendment carried out to section 55A of the Transfer of Property Act and also simultaneous amendments to section 17(1A) and 49 of the Registration Act, 1908

Manipulation & Rigging via Penny Stock Company: ITAT upholds Addition

June 24, 2022 2664 Views 0 comment Print

Aditya Saraf HUF Vs ITO (ITAT Delhi) It is observed, as per the investigation conducted in relation to the shares of the company, on which, the assessee offered long term capital gain, it was found that it is a penny stock company. It was also found that due to price manipulation and rigging, there was […]

Section 263: PCIT cannot comment on issues not forming part of limited scrutiny

June 24, 2022 807 Views 0 comment Print

Baljeet Yadav Vs PCIT (ITAT Jaipur) It is evident from the assessment order and impugned order that the assessee’s case was selected for scrutiny under CASS for examination of cash deposits made in the bank during the demonetarization period. It is prima facie not clear whether it was a limited scrutiny case or a detailed […]

Deduction of excessive price paid on sugarcane purchase by Co-op sugar factory

June 24, 2022 1452 Views 0 comment Print

Sant Tukaram Sahakari Sakhar Karkhana Ltd. Vs ITO (ITAT Pune) We find the issue of payment of excessive price on purchase of sugarcane by the assessee is no more resintegra in view of the judgment of Hon‟ble Supreme Court in CIT Vs. Tasgaon Taluka S.S.K. Ltd. (2019) 103 taxmann.com 57 (SC). The Hon‟ble Apex Court […]

Section 80IB Deduction allowed on Sale of Scrap Generated during Manufacturing

June 24, 2022 822 Views 0 comment Print

ITAT held that deduction under Section 80IB of Income Tax Act, 1961 allowable on scrap  generated during the manufacturing process.

No section 271AAA penalty if assessee offered undisclosed income in section 132(4) statement

June 24, 2022 1704 Views 0 comment Print

ITAT held that penalty under section 271AAA(1) cannot be imposed in a case where the assessee has offered the undisclosed income in the statement recorded under section 132(4) of the Act, specifying the manner in which such income has been derived and if the assessee pays the tax along with interest of such income.

Addition for difference in profit as per ITR & audit report valid if diff. not explained satisfactorily

June 23, 2022 3849 Views 0 comment Print

G. V. N. Hospitals Vs ACIT (ITAT Chennai) In the present case, admittedly there is difference in net profit as shown in ITR and tax audit report and same has not been satisfactorily explained by the assessee. The Assessing Officer, after considering relevant facts has rightly made additions towards difference in net profit. The learned […]

Document related to to expenses/EBIDTA details, etc. can’t be said incriminating material to initiate proceedings u/s 153A

June 23, 2022 519 Views 0 comment Print

Vivimed Labs Limited Vs ACIT (ITAT Hyderabad) hon’ble apex court’s landmark decision in CIT Vs. Sinhaghad Technical Educational Society (2017) 84 com 290 (SC) that no such proceedings initiated u/s 153A of the Act sustainable in law for want of incriminating material found or seized during the course of search. We make it clear that […]

Setoff of unabsorbed depreciation available against income from other source

June 23, 2022 1071 Views 0 comment Print

Hewitt Associates (India) Private Limited Vs ACIT (ITAT Delhi) Setoff of unabsorbed depreciation should be allowed against income from other source. Facts- The assessee, Hewitt Associates (India) Private Limited, engaged in providing support services to its associated enterprises (“AEs”). The services are software development support services and Business Process Outsourcing (BPO) services. The assessee had […]

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