Follow Us:

All ITAT

AO cannot expend scope of limited Income tax scrutiny

September 16, 2020 3582 Views 0 comment Print

Where case of assessee was selected for limited scrutiny on issue of mismatch of sales shown in the audit report vis-à-vis tax return but AO expanded the scope of limited scrutiny by making addition for alleged speculation loss under section 43(5) without taking permission from the concerned Pr.CIT/CIT, order of AO was set aside.

section 68 not apply to allotment of shares for non-cash consideration

September 16, 2020 5475 Views 0 comment Print

ITO Vs Trilokpati Exim Pvt. Ltd. (ITAT Kolkata) When assessee had allotted shares for consideration other than cash then provisions of section 68 (cash credit) does not apply FULL TEXT OF THE ITAT JUDGEMENT The captioned appeal filed by the Revenue, pertaining to assessment year 2012-13, is directed against the order passed by the Commissioner […]

Additions for unexplained cash cannot be made solely based on section 132(4) statements

September 15, 2020 4152 Views 0 comment Print

Jewels Emporium Vs ACIT (ITAT Jaipur) From the record, we found that as on the date of search, the books of account of M/s Jewels Emporium were incomplete and the printouts of cash books as taken by the search team did not reflect the true and correct balance available which is made part of the […]

Addition for Bonus shares – Section 56(2)(vii)- ITAT explains Law

September 15, 2020 4179 Views 0 comment Print

DCIT Vs Veena Goyal (ITAT Jaipur) As per the provisions of the section 56(2)(vii)(c)(i), any property other than immovable property is transferred for a consideration which is less than the aggregate fair market value of the property by an amount exceeding Rs. 50000/-, the aggregate fair market value of such property as exceeds such consideration […]

Differential Sales Tax paid for non-deposit of forms is allowable as deduction

September 15, 2020 4104 Views 0 comment Print

Gem Electro Mechanicals Pvt. Ltd. Vs ACIT (ITAT Jaipur) Since there was delay in depositing the aforesaid amount of sales tax, therefore, the assessee was made to deposit interest amounting to Rs. 2,71,826/- on such delayed payment of sales tax amount and Rs. 3,152/-on delayed payment of Excise/Custom Duty & Service Tax. The AO during […]

In case of unaccounted sales only profit therefrom can be taxed

September 15, 2020 12183 Views 1 comment Print

Nawal Kishore Soni Vs ACIT (ITAT Jaipur) It is evident from entries found in cash book of Ram Kumar Soni and from statement recorded from assessee in course of survey that assessee purchased gold in period of demonetization which was obviously for sale to persons on receiving cash from them as the same is normal […]

Income already disclosed under PMGKY, 2016 cannot be treated as Unexplained Income u/s 68

September 15, 2020 1290 Views 0 comment Print

The issue under consideration is whether the CIT(A) was right in deleting the addition made by the AO on account of unexplained investment in purchase of gold?

Purchased 4 Adjacent Residential Flats- Can Claim Exemption U/S 54F?

September 15, 2020 7773 Views 0 comment Print

Mrs. Kamal Murlidhar Mokashi Vs. ITO (ITAT Pune) Capital Gain-Purchased 4 Adjacent Residential Flats- Can Claim Exemption U/S 54F (With Provisions of Section 54F) In this article I will discuss some clarification (with the judgment of a recent case law) regarding the provisions of Section 54F i.e. Exemption from Capital Gain on purchase of Residential […]

AO cannot treat Share Premium as Bogus without proper investigation

September 14, 2020 2250 Views 0 comment Print

ITO Vs. Aravali Prime Consultants Pvt. Ltd. (ITAT Jaipur) In this case, it is noted that the AO during the course of assessment proceeding made the addition of Rs. 2,63,15,000/- (138500 shares x Rs. 190 per share) on account of share premium received on issue of shares by the assessee company. Thus the AO observed […]

Section 271(1)(c) penalty cannot be levied on additions based on estimate

September 14, 2020 14865 Views 0 comment Print

Vishnu Tambi Vs DCIT (ITAT Jaipur) Under Section 271(1)(c) of the Act, the authority has been given discretion to levy the penalty in case there is a concealment of particulars of income and also with regard to quantum of penalty. However, it is a basic need of the provisions of law that definite finding is […]

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930