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Penalty can be levied on same ground on which proceedings was initiated

June 10, 2020 1380 Views 0 comment Print

ITAT states that, disclosure of manner in which undisclosed income was earned and substantiating the manner in which undisclosed income was earned are two different things. Hence, there is no clarity in the stand of the Revenue for initiation of penalty under Section 271AAA,

Section 154 Application can’t be rejected when mistake is apparent from record

June 10, 2020 5856 Views 0 comment Print

Merely because assessee has inserted some figures, which are not in coherence with the other figures in the income tax return, there is a mistake apparent from the record, which needs to be rectified. Thus, the lower authorities are not justified in rejecting the application under section 154 of the act of the assessee. Hence, ITAT allow the appeal of the assessee.

Advance receipt by Lending Company in the course of business cannot be treated as Deemed Dividend

June 10, 2020 1020 Views 0 comment Print

The issue under consideration is whether the receipt of advance vis-a-vis no accumulated profit in case of lending company is considered as deemed dividend u/s 2(22)(e)?

Section 35D benefit once granted in initial year cannot be denied in subsequent years

June 10, 2020 1707 Views 0 comment Print

Once the claim under section 35D of the Act was accepted in the initial year i.e. AY 1995-96, then the clock had started running in favour of the assessee which was to continue for the entire period of ten years and the benefit once granted in the initial year could not be denied in the subsequent years.

No section 12AA registration denial for mere non-filing of IT return

June 10, 2020 1383 Views 0 comment Print

The issue under consideration is whether the CIT(E) is correct in rejecting the Application for grant of registration u/s 12AA for mere non-filing of Income Tax Return?

No addition for duly reconciled stock discrepancy which was noticed during survey

June 10, 2020 2643 Views 0 comment Print

Shri Babulal Vani Vs ACIT (ITAT Indore) The issue under consideration is if the assessee is in a position to reconcile the discrepancy raised under survey with positive material,then, the A.O. should give relief to the assessee or not? In the present case, the assessee is an individual engaged in the business of grain, cotton, […]

Section 10(34) Exemption w/o disallowing expenses u/s 14A for Insurance Co.

June 10, 2020 1689 Views 0 comment Print

Max Life Insurance Company Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether assessee is liable for exemption u/s 10(34) of the Act without disallowing any expenditure under section 14A? ITAT noted that this issue is duly covered by decision of Mumbai Bench of this Tribunal in case of ICICI Prudential Insurance Co. […]

No Disallowance U/s. 40(a)(ia) if retainer-ship expense shown by recipient in their return

June 10, 2020 5802 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing the expense of retainership debited in P & L on the basis of non deduction of TDS u/s 194C when the Same was shown as salary by recipient in their Income Tax return?

Section 115BBE not applies if no Section 69 addition for undisclosed investments during Assessment

June 9, 2020 8322 Views 0 comment Print

whether CIT(A) is justified in quashing the action of the AO u/s 154 in applying provision of section 115BBE on undisclosed investment surrendered during the course of survey proceedings?

If section 69 not invoked by AO in Order u/s 143(3) then section 115BBE can’t invoked for rectification u/s 154

June 9, 2020 3057 Views 0 comment Print

whether CIT(A) is justified in quashing the action of the AO u/s 154 of the Act in applying provision of section 115BBE of the IT Act on undisclosed investment surrendered during the course of survey proceedings?

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