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No Penalty Under Section 271AAA Without Recorded Statement

June 19, 2023 447 Views 0 comment Print

ITAT Delhi in Padam Singhee Vs DCIT ruled that penalties under section 271AAA of Income Tax Act cannot be levied without a recorded statement

ITAT Excludes Maintenance & Electricity Charges from Property Cost for LTCG calculation

June 19, 2023 2061 Views 0 comment Print

ITAT Cuttack – Abani Pattanayak Vs ACIT- ITAT ruled that maintenance and electricity charges not in the form of deposits are excluded from property cost for computing LTCG

Penalty not leviable as disallowance u/s 14A made on estimate basis

June 18, 2023 1656 Views 0 comment Print

ITAT Mumbai held that no penalty leviable on account of disallowance u/s 14A of the Act when disallowance has been made on estimate basis and return of income was filed prior to insertion of section 14A of the Act.

Order passed u/s 147 not borne out of any record is non-est

June 18, 2023 1581 Views 0 comment Print

ITAT Delhi held that order passed by AO u/s 147 of the Income Tax Act not borne out of any record is non-est in the eyes of law.

Penalty u/s 271B for non-filing of tax audit report not leviable if sufficient cause shown

June 17, 2023 5667 Views 0 comment Print

ITAT Amritsar held that non-filing of tax audit report due to technical glitch is the reasonable cause shown. Accordingly, penalty under section 271B of the Income Tax Act not leviable for such non-filing of tax audit report.

Penalty u/s 271B not leviable as turnover is below exemption limit prescribed u/s 44AB

June 17, 2023 1572 Views 0 comment Print

ITAT Kolkata held that penalty under section 271B of the Income Tax Act not leviable as turnover of the assessee is less than INR 1 Crore. Accordingly, the assessee is outside the purview of section 44AB of the Income Tax Act.

Initiation of reassessment proceedings u/s 148 for verification of claim is unsustainable

June 17, 2023 3366 Views 0 comment Print

ITAT Kolkata held that initiation of reassessment proceeding under section 148 of the Income Tax Act for the purpose of mere verification of the claim is unsustainable in law.

Highseas Sale is non-speculative transaction as there is proper delivery of goods

June 17, 2023 573 Views 0 comment Print

ITAT Amritsar held that high seas sale transaction cannot be treated as speculative transaction as entire transaction is going through by proper delivery of the goods during purchase and the documents are provided for evidence of delivery of goods.

Addition for cash deposited in Bank: ITAT Remits the Case for Further Adjudication

June 16, 2023 2376 Views 0 comment Print

ITAT Amritsar’s decision in the case of Hari Chand Vs ITO. The appeal challenged the addition of unexplained cash deposits and undisclosed interest income. The ITAT remitted the case back to the AO for further adjudication, emphasizing the need for proper verification and a reasonable opportunity for the assessee. Gain insights into the grounds raised by the assessee and the arguments presented by both parties in this case.

AO cannot take the position of business man to ascertain GP ratio

June 16, 2023 2472 Views 0 comment Print

ITAT upheld the decision of the Commissioner, who had correctly deleted the addition made by the Assessing Officer. The Assessing Officer had added the differential margin to the assessee’s income based solely on a comparison between industry gross margin and the assessee’s gross margin, without conducting a thorough analysis of the assessee’s business strategy.

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