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Section 68 addition based on conjectures & surmises not justified: ITAT Kolkata

June 30, 2024 591 Views 0 comment Print

Satyam Smertex pvt. Ltd. Vs DCIT (ITAT Kolkata): Addition made by AO and confirmed by CIT(A) are based on conjectures and surmises, so their impugned action cannot be justified.

Validity of Section 148 notice by Jurisdictional AO instead of Faceless AO

June 29, 2024 8028 Views 0 comment Print

Analysis of Swarn Singh Vs ITO (ITAT Amritsar) on validity of notice u/s 148 by Jurisdictional Assessing Officer (JAO) vs Faceless Assessing Officer. Key rulings discussed.

ITAT allows taxation of excess stock & unexplained marriage expenses as business Income

June 29, 2024 636 Views 0 comment Print

Discover the ITAT Chennai verdict on Santhilal Jain Vijay Kumar Vs ITO, addressing taxation on excess stock and unexplained marriage expenses. Read the full case analysis.

Late Form 67 filing doesn’t invalidate foreign tax credit claim

June 27, 2024 735 Views 0 comment Print

Explore the detailed analysis of Vinodkumar Lakshmipathi appeal against CIT(A) NFAC regarding foreign tax credit disallowance for AY 2018-19. Understand the implications and legal nuances.

Disallowance post Form 10CCB filing is debatable & not permissible u/s 143(1)

June 27, 2024 396 Views 0 comment Print

Discover the ITAT Kolkata ruling on Surendra Steels vs DCIT, addressing the disallowance of 80IC deduction due to procedural issues and audit report delays.

LTCG on Shares: Assumptions without substantial evidence of error shouldn’t trigger action u/s 263

June 27, 2024 384 Views 0 comment Print

Read the detailed analysis of the ITAT Delhi verdict in Pooja Mittal vs PCIT case, addressing the issues of Long Term Capital Gain and supervisory jurisdiction under Section 263.

Assessment not erroneous if AO adopts plausible view despite PCIT’s different opinion

June 27, 2024 237 Views 0 comment Print

If AO adopts a plausible view, even if two views are possible, the assessment cannot be deemed erroneous merely because the PCIT holds a different opinion.

On same observation & issue PCIT cannot direct to make enquiry what he deem fit

June 27, 2024 180 Views 0 comment Print

Detailed analysis of the ITAT Jodhpur decision in Gaurav Purohit vs PCIT, covering the grounds of appeal, legal arguments, and implications for future cases.

In Absence of Separate Source, Surrendered Amount Taxable as Business Income

June 27, 2024 240 Views 0 comment Print

Relying on various judicial precedents, including the cases of Harish Sharma vs. ITO and Daulatram Rawatmull vs. CIT, the representative contended that in the absence of any separate source of income, the surrendered amount should be treated as business income.

Income voluntarily surrendered during survey related to business is taxable as business Income

June 27, 2024 267 Views 0 comment Print

Understand Parmod Singla Vs ACIT (ITAT Chandigarh) case on excess stock surrendered during survey and its tax implications under Sections 69, 69A, and 115BBE.

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