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AO cannot change Valuation Method of Shares to Tax Share Premium

February 9, 2022 2331 Views 0 comment Print

Fortigo Network Logistics Pvt. Ltd. Vs ACIT (ITAT Bangalore) In the instant case, both the additions, i.e., addition made u/s 56(2)(viib) of the Act and sec.68 of the Act relate to the share premium amount, i.e., both the additions arise out of common issue only. The assessee has also filed certain additional evidences. We earlier […]

Ex-parte order should be a Speaking order on merits

February 8, 2022 3819 Views 0 comment Print

Gogad Fabrics Pvt. Ltd. Vs ACIT (ITAT Jodhpur) dmittedly and undisputedly, the assessee chose to be un-represented before the NFAC on as many as three occasions. However, the fact does remain that the NFAC did not adjudicate on the merits of the case but dismissed the assessee’s appeal before it on the ground that there […]

ITAT directs service of notice to Assessee’s Lawyer via email as same could not delivered to Assessee

February 8, 2022 1497 Views 0 comment Print

Massive Infrastructure Pvt. Ltd. Vs ITO (ITAT Kolkata) In this case Ld. CIT(A) has passed the order without hearing the assessee and not on merits there is a violation of Natural Justice. Therefore, we are inclined to set aside the impugned order of Ld. CIT(A) and restore the appeal back to the file of the […]

No penalty for Suo-Motto Disclosure of Income before detection by revenue

February 8, 2022 4551 Views 0 comment Print

Assessee having disclosed all particulars of his income from sale of agricultural land, having furnished a bonafide explanation for not returning the same to tax and having surrendered the said income suomoto before detection by the Revenue, assessee cannot be said to have furnished inaccurate particulars of income so as to levy penalty u/s 271(1)(c.

Addition is unsustainable if no incriminating material found during search

February 7, 2022 3189 Views 0 comment Print

DCIT Vs Mapsa Tapes Pvt. Ltd. (ITAT Delhi) Facts-Assessment u/s 153C was challenged on the grounds that assessment order dated 31.3.2016 u/s 153C/143(3) was passed without dropping the proceedings initiated vide notice dated 8.9.2015 under section 153A of the Act and disposing off the objection filed by the assessee to initiation of assessment proceedings. Further, […]

Section 40A(3) disallowance cannot be made by invoking Section 154 provisions

February 7, 2022 2595 Views 0 comment Print

Smt. Poonam Mittal Vs ITO (ITAT Amritsar) We find that the AO had invoked his powers u/s.154 of the Act for disallowing u/s.40A(3) of the Act the assessee’s claim for deduction of bonus of Rs.2,47,380/- that was stated to have been paid in cash, i.e., in excess of the prescribed limit of Rs.20,000/-. In our […]

Assessment proceedings commence with filing of return & not when notice is issued for first time under s. 143(2)

February 7, 2022 2664 Views 0 comment Print

Sansthan Shree Eknath Maharaj Vishwastha Mandal Vs ITO (Exemption) (ITAT Pune) There is no dispute on the fact that the assessee filed its return of income on 17.01.2017 for the year under consideration. The approval was granted by the ld. CIT(E) u/s 12AA on 16.05.2017. At this stage, it is relevant to take note of […]

Failure to issue section 143(2) notice prior to finalising reassessment order makes reassessment proceedings a nullity

February 7, 2022 7659 Views 0 comment Print

ACIT Vs P & R Infraprojects Ltd. (ITAT Delhi) A perusal of the assessment order as well as the order of the CIT(A) shows that no notice u/s 143(2) was ever issued to the assessee before completing the assessment u/s 143(3)/147. It is the submission of the ld. Counsel that it is mandatory to issue […]

Section 194 TDS not deductible when payment is made to a non-shareholder

February 7, 2022 3084 Views 0 comment Print

DCIT Vs J. P. Iscon Ltd. (ITAT Ahmedabad) The brief facts leading to the case is this that the assessee had given inter-corporate deposit to six subsidiaries companies namely Dhanlaxmi Infrastructure Pvt. Ltd., Amit Intertrade Pvt. Ltd., Dhwani Infrastructure Pvt. Ltd., Rich Infrastructure Pvt. Ltd., Gujarat Mall Management Co. Pvt. Ltd. & Palitana Sugars Mills […]

Deduction allowed for belated payment of contribution to PF/ESI, deposited before filing of ROI

February 6, 2022 2229 Views 0 comment Print

SBW Udyog Limited Vs DCIT (ITAT Allahabad) Deduction allowed for belated payment of employee contribution to PF/ESI, which is deposited beyond the due date stipulated under the relevant statutes governing PF/ESI, but the same stood deposited before the due date for filing of return of income. Facts- The assessee filed its return of income u/s. […]

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