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In ‘Limited Scrutiny’ AO can only examine those issues for which case been selected

June 22, 2022 5274 Views 0 comment Print

Kintukumar Ambalal Patel Vs DCIT (ITAT Ahmedabad)  The issue raised by the assessee in additional ground is that the learned CIT-A erred in confirming the order of the AO by expanding the scope of limited scrutiny assessment to complete scrutiny without necessary approval. Ld. AR further claimed that the Assessing Officer has converted the “Limited […]

Assessment order on issue other than reasons recorded for reopening is unsustainable

June 22, 2022 5916 Views 0 comment Print

Assessment framed by the AO is on other issues which is not part of the reasons recorded for reopening the assessment. In such a situation, the assessment order is not sustainable in the eye of law.

Principle of Peak Credit- Entire Cash Deposit cannot be Treated as Income without considering withdrawal

June 22, 2022 4281 Views 0 comment Print

Sagar Navinchandra Chande Vs I.T.O (ITAT Rajkot) Admittedly, there was cash aggregating to Rs. 11,54,350/- deposited in the bank account of the assessee which was treated as income from undisclosed sources by the lower authorities. The assessee before the leaned CIT-A explained the amount of cash deposit represent amount deposited by the customer to whom […]

No section 271(1)(b) Penalty Unless Conduct of Assessee Is Contumacious

June 22, 2022 1155 Views 0 comment Print

Krishan Kumar Goel Vs DCIT (ITAT Delhi) AO has made additions and computed the income at Rs.1,88,85,961/-. Nowhere in the order of the AO there is any whisper that AO is not satisfied by the compliance by the assessee to his notices or queries. Now, the same AO has passed the above said penalty order. […]

No section 40(a)(ia) disallowance for shortfall in TDS due to difference of opinion

June 22, 2022 1239 Views 0 comment Print

Shree Sita Edibles Ltd. Vs ITO (ITAT Raipur) ITAT find that the issue involved in the present appeal lies in a narrow compass, i.e., as to whether or not, a short deduction of tax at source by the assessee would call for triggering the provision of Sec. 40(a)(ia) of the Act for disallowing the amount […]

Section 154 cannot be invoked for Applicability of section 14A to section 115JB provisions

June 22, 2022 678 Views 0 comment Print

DCIT Vs Jammu Pigments Ltd. (ITAT Delhi) Assessing Officer initiated proceeding under section 154 of the Act to make the disputed disallowance while computing the book profit and ultimately did so. Therefore, it is evident, the 154 proceeding was at the behest of the Revenue audit. Applicability of section 14A read with Rule 8D to […]

Section 147/143(3) Assessment is null & void in absence of service of Section 148/143(2) notice

June 22, 2022 2511 Views 0 comment Print

ITAT held that the absence of service of notice u/s 148/143(2) of the Act, reassessment framed u/s 147 r.w.s 143(3) of the Act will be null and void.

GST paid before ITR Filing due date but after ITR filing allowable- Section 43B

June 22, 2022 2724 Views 0 comment Print

Padagouda Hanamanthgouda Patil Vs ACIT (ITAT Bangalore) ITAT noticed that assessee has filed his return of income on 15.10.2018. However, it is the submission of the assessee that the GST amount cited above was paid on 16.10.2018. Hence by the time, the return of income was filed, the assessee has not paid the GST amount […]

Loss on Sale of Asset allowable As Application of income to Charitable Trust

June 22, 2022 3630 Views 0 comment Print

Rajiv Gandhi Charitable Trust Vs JCIT (E) (ITAT Delhi) The issue in the present ground is with respect of claim of loss as application of income. It is an undisputed fact that the loss that assessee had incurred on sale of fixed assets and the same has been debited to the income and expenditure account […]

Section 10(23B) Exemption cannot be denied for Mere Technical Violation

June 22, 2022 4950 Views 0 comment Print

Barapur Gramodyog Vikas Samiti Vs ITO (ITAT Delhi) The AO while completing the assessment noticed that the assessee claimed exemption u/s 10(23B) of the Act as the assessee was engaged in the business of production, sale, etc. of Khadi and Products of Village Industries. The AO was of the view that in view of proviso […]

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