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TDS not Deductible on issue of Mobile Recharge Vouchers

June 4, 2021 4734 Views 0 comment Print

Vodafone India Ltd. Vs ACIT (ITAT Ahmedabad) Where assesse engaged in business of providing mobile telephone services, sold prepaid vouchers to its distributors at a rate lower than its face value, difference between face value and selling price of prepaid voucher could not be regarded as commission requiring deduction of tax at source under section […]

No Penalty under Wealth tax if AO not specifies that default relates to concealment and/or furnishing of inaccurate particulars

June 4, 2021 2970 Views 0 comment Print

Smt. Yannaben Anilbhai Jethani Vs ITO (ITAT Rajkot) We find that the issue for our consideration is, whether penalty initiated and levied under section 18(1)(c) of the Wealth Tax Act, without clearly specifying particular default relates concealment of wealth and/or furnishing of inaccurate particulars is valid in law ? The contention of the assessee that […]

Appeal before ITAT cannot continue for or against a dead person unless revised form 36 is filed

June 3, 2021 4575 Views 0 comment Print

ACIT Vs Chironji Lal Shivhare (ITAT Agra) During the course of hearing on 23/2/2021 it was informed by the Ld.AR for the assessee that the assessee has expired in the month of November 2020, therefore he will not be able to argue the matter and sought time to bring on record the Legal Heirs, death […]

Rent to wife of director for use of Bungalow for business purpose allowable

June 2, 2021 5379 Views 0 comment Print

M/s. Chandri Papers and Allied Products Pvt. Ltd. Vs ACIT (ITAT Mumbai) We find that assessee had taken property on lease for the purpose of its business. The said property is situated at Lonavala. The said property belongs to the wife of director of the assessee company. The property has been taken on lease based […]

Assessment order passed in Name of non-existent person void ab-initio

June 2, 2021 1416 Views 0 comment Print

DCIT Vs Late Ajit Kumar Vaddevalli (ITAT Hyderabad) We find substance in the submissions of the ld. AR that the AO has passed the order in the name of late Ajit Kumar, nonexistent person, the information of which has been intimated to AO by the wife of assessee, who is the legal heir, during assessment […]

Assessee to substantiate if he claims FMV is Higher than Book Value

June 2, 2021 1572 Views 0 comment Print

Abhinav International Pvt. Ltd. Vs DCIT (ITAT Delhi) In the present case, the assessee is saying that value of the shares owned by the assessee company of the listed companies which are recorded at the book value (cost price) is far less than the listed price (traded price) of those shares, therefore, same should be […]

No incriminating material on Swiss Bank Account, no addition: ITAT Delhi

June 1, 2021 4887 Views 1 comment Print

Late Shri Bhushan Lal Sawhney Vs DCIT (ITAT Delhi) Facts: 1. The IT Investigation wing had information that assessee maintained Swiss Accounts but this was vehemently denied by the assessee. 2. Swiss competent authorities provided information only from April 1, 2011. Earlier years (to which this litigation pertained) were not covered by the Exchange of […]

Investment cannot be said to be Bogus merely for loss to Investor

May 31, 2021 1287 Views 0 comment Print

Naveen Infradevelopers & Engineers Pvt. Ltd Vs DCIT (ITAT Delhi) With the approval of the Competent Authority, the following officers shall hold the charge along with zonal charges mentioned against their name with immediate effect, until further orders: Reopening of assessment u/s 147 – Addition u/s 68 – optionally convertible debentures issued to the Infotel technologies […]

Reassessment on the basis of change of opinion, bad-in-law

May 31, 2021 2775 Views 0 comment Print

Uttarakhand Purv Sainik Kalyan Nigam Ltd. Vs ITO (ITAT Dehradun) Reassessment on the basis of change of opinion, bad-in-law, more-so, when the case was re-opened after the expiry of four year and there was no non-disclosure which could be attributable to the assessee A) Re-opening of assessment on the same issue which was dealt during […]

ITAT deletes section 56(2)(vii)(b) addition as land was not a fresh purchase

May 31, 2021 1485 Views 0 comment Print

ACIT Vs Ajay Jagdishnarain Agarwal (ITAT Mumbai) fter going through the order passed by the CIT(A), we noticed that the property was purchased by Jagdish Narian Agarwal in the year 1974 after paying the full consideration. The original owners/vendors confirmed the transaction and the parties had given requisite confirmation before the district collector. They transferred […]

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