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ITAT Quashes reassessment proceeding initiated merely based on Investigation Wing report without application of Mind

April 18, 2022 1794 Views 0 comment Print

M/s Nishit Fincap Private Limited Vs ITO (ITAT Delhi) In this case The original assessment was completed u/s 143(3) on 03.12.2010 determining the total income at Rs.48,360/-. I find the assessment in this case was reopened on the basis of information obtained from the Investigation Wing, according to which, during the search and seizure operations […]

ITAT dismisses Appeal signed by General Manager of Company as no valid POA submitted

April 18, 2022 813 Views 0 comment Print

Bangalore Electricity Supply Company Ltd Vs DCIT (ITAT Bangalore) This appeal came up for hearing before this Tribunal on 8.3.2022 and it was pointed out to the ld. AR for the assessee that the appeal was not signed by the competent authority and it was signed by General Manager (CT&GST), BESCOM. It was pointed out […]

Failure of assessees to offer capital gains in appropriate year not disentitle assessee to claim cost of acquisition

April 17, 2022 1158 Views 0 comment Print

Where assessee did not offer capital gain in the year in which JDA was entered then the fact will not disentitle then to get deduction for cost of acquisition of flats obtained pursuant JDA while offering capital gain from sale of such flats in a later year.

Difference between books & Form 26AS: Only embedded profit can be added to income

April 17, 2022 5337 Views 0 comment Print

Purna Chandra Rout Vs ITO (ITAT Delhi) In case of the difference between the Assessee’s books of account and as per Form No. 26AS, then on the said difference, only embedded portion of the profits is to be taken into consideration and the addition is to be made thereon but entire turnover cannot be added […]

ITAT refuses to condone delay in Appeal filing as reasons not supported by any evidence

April 17, 2022 702 Views 0 comment Print

Arjun Chemicals Pvt. Ltd Vs DCIT (ITAT Chennai) The ld. Senior DR stated that the assessee has not elaborated how the assessee’s health condition was not viable for filing of appeal or there is no supporting evidence for the reason that the assessee’s health condition was not proper. Hence, he stated that the delay of […]

Rental income not received by assessee cannot be brought to tax

April 17, 2022 2352 Views 0 comment Print

The assessee categorically denied receipt of rent over and above what is reflected in its books of accounts. Nothing has been brought on record to contradict the version of the assessee either by the learned AO or by the learned CIT(A). We, therefore, hold that rental income which has not been received by the assessee cannot be brought to tax.

Penny stock: Addition not sustainable, in absence of adverse finding against Assessee

April 17, 2022 8925 Views 0 comment Print

In the present case we find that the entire addition is on the basis of some investigation report, the relevant portions of which is also not cited in the show cause or the assessment order, there is nothing against the assessee and no inquiry whatsoever has been done by the AO or the Ld CIT (A).

Private Discretionary Trust cannot be treated as ‘Individual’ for Difficulties in E-filing Software

April 17, 2022 2367 Views 0 comment Print

Mamania Family Trust Vs ACIT (ITAT Mumbai) With regard to the substantial issue of treating the assessee as AOP as against the status of a private discretionary trust as ‘individual’, we are of the considered view that the Ld. CIT(A) has rightly decided the issue in the light of various judicial decisions. The Ld. CIT(A) […]

ITAT allows Depreciation on Non-compete fees & Market information

April 17, 2022 900 Views 0 comment Print

Chemetall Rai India Limited Vs DCIT (ITAT Pune) The only question is about the denial of depreciation on two categories of Intangible assets, namely, Non-compete fees and Market information comprising of Commercial information, Customer data, Distribution network and Suppliers contract. Apart from the assessee acquiring the Chemical business of Gramos Chemicals India Limited, it transferred […]

No capital gain on land specified as agricultural land in revenue records

April 17, 2022 7491 Views 0 comment Print

In the present case, the main reason for treating the land as non-agricultural is that the land was converted for usage of non-agricultural purposes. However, the assessee filed revenue records wherein it is stated that the land still continued to be agricultural land wherein crops like Ragi & Paddy were cultivated by the assessee.

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