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No addition for Cash payments in excess of prescribed limit as Assesse given undertaking for not claiming that expenditure

July 30, 2020 2514 Views 0 comment Print

whether the disallowance u/s 40A(3) of the Act for the alleged payment in cash in excess of the limit prescribed u/s 40A(3) of the Act for making payment for purchase of land is justified in law?

Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid

July 30, 2020 1593 Views 0 comment Print

ACIT Vs Shiv Vegpro Pvt. Ltd. (ITAT Jaipur) Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid AO has even not mentioned as on what account or transactions the assessee has taken the accommodation entry from Shree Ram Trading Co. It […]

Contractors Performing Work in Nature of Developer-cum-Contractor Eligible to Claim Deduction u/s 80-IA

July 30, 2020 5862 Views 1 comment Print

Patel Infrastructure Pvt. Ltd. Vs DCIT (ITAT Rajkot) The issue under consideration is whether contractors performing the work in the nature of a developer-cum-contractor are eligible to claim deduction u/s 80-IA(4) of the Income Tax Act, 1961? ITAT states that even after the amendment by the Finance Act, 2007 and the Finance Act, 2009, the […]

If Assessee Engaged in Accommodation Entries Only Commission to be Added on Estimation Basis

July 30, 2020 4563 Views 0 comment Print

The issue under consideration is whether for assessee engaged in providing accommodation entries only commission amount to be added on estimation basis or entire amount of accommodation entry to be added?

Section 254(2)- Tribunal cannot review its own order: ITAT

July 30, 2020 4542 Views 0 comment Print

If the Revenue has any grievance against the order of the Tribunal, the Revenue can go before the High Court by filing appeal u/s 260A. The Tribunal cannot recall its own order in the garb of power vested u/s 254(2) of the Act.

Section 68 Addition not Justified for Unexplained Deposit in Bank Account

July 29, 2020 13911 Views 0 comment Print

The issue under consideration is whether the AO is justified in making addition u/s 68 towards alleged unexplained deposit in the bank account in as much as a bank account is not a book of account maintained by the appellant?

No TDS on ocean freight paid to non-resident shipping companies

July 29, 2020 103932 Views 0 comment Print

Shri Suresh Khatri Vs ITO (ITAT Lucknow) Ground Nos. 1 to 3 of the appeal relate to the disallowance of Rs.6,42,437/- for non deduction of tax at source u/s 40(a)(ia) of the Act on payment of ocean freight, made to non-resident shipping companies. The assessee is a proprietary concern and engaged in the business of […]

Bogus Purchase: Addition on peal credit basis for Low Margin & Low Vat Rate Items unjustified

July 28, 2020 957 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming addition u/s 69C of the Act on account of unexplained purchases made during the year, calculated on the basis of peak credit?

Section 194C TDS on Advertisement Expenses paid to News Paper Agencies

July 28, 2020 98967 Views 0 comment Print

The issue under consideration is whether the CIT(A) was justified in confirming the disallowance made u/s. 40(a)(ia) on account of advertisement expenses paid to News Paper Agencies, incurred without deduction of tax at source?

Unlisted shares sold before 11.07.2014 eligible for benefit of short holding period

July 28, 2020 3888 Views 1 comment Print

The issue under consideration is Unlisted shares sold after holding for 23 months considered as Long Term Capital Gains or Short Term Capital Gains?

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