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ITAT deletes section 69B addition for painting found during search

May 8, 2023 864 Views 0 comment Print

Nirmal Kumar Minda Vs ACIT (ITAT Delhi) The ground No.2 relates to the addition of Rs.37.50 lacs u/s. 69B of the Act in respect of 6 paintings found at the residence of the assessee. The underlying facts in the impugned issue are that 6 paintings were found at the time of search which were got […]

Section 234A interest in case of return filed U/s. 148 leviable from date of Section 148 notice

May 8, 2023 9585 Views 0 comment Print

CIT(A) was not right in levying interest under Section 234A of the Act when the return was filed under Section 148 itself and therefore, the interest should be charged from the date of notice under Section 148 of the Act itself and not from the date of return filed under Section 139 or it is due date under Section 139.

No section 69A Addition on mere surmises, conjectures & hypothesis & in the year in which no asset etc is found

May 8, 2023 1593 Views 0 comment Print

DCIT Vs Shri Sanjay Singhal (ITAT Delhi) The undisputed fact is that the substantive as well as protective additions have been made u/s 69A r.w.s 115BBE of the Act. A bare perusal of the assessment order clearly shows that no money, bullion, jewellery or valuable article was found during search conducted on 07.04.2017 which is […]

No Section 69A addition where cash deposits reflected as sales & accepted by Revenue

May 8, 2023 5628 Views 0 comment Print

ITO Vs Rajesh Kumar Chhanalal Patel (ITAT Ahmedabad) Ahmedabad ITAT upholds CIT(A) order deleting the addition of Rs. 86.75 Cr under Section 69A as Assessee’s unexplained income; Holds that the cash deposited in bank account cannot be treated as unexplained as the Revenue himself in the remand report and on verification accepted that the entire […]

No violation of rule 46A as tally accounts produced before CIT(A) provided only better clarity

May 8, 2023 1113 Views 0 comment Print

ITAT Mumbai held that tally accounts produced before CIT(A) provides only better clarity and understanding of seized documents which are already on record before AO. Hence, submission of the same before CIT(A) doesn’t violate provisions of rule 46A of Income Tax Rules.

Transfer of land as share of capital in AOP is taxable u/s 45(3) of Income Tax Act

May 8, 2023 3060 Views 0 comment Print

ITAT Pune held that contribution of undivided title and rights in the land as share of capital in AOP is taxable under section 45(3) of the Income Tax Act.

Value of building not mentioned in fixed assets hence claim of deduction of cost not allowable

May 8, 2023 1296 Views 0 comment Print

ITAT Bangalore held that claim of deduction of cost of building is not allowable as there was no mentioning of any value of the building in the schedule of the fixed assets.

Indexed cost of development not allowed on failure to substantiate the claim

May 8, 2023 495 Views 0 comment Print

ITAT Pune held that claim of indexed cost of development not acceptable as assessee failed to furnish any evidence towards the same.

Forfeited amount is deductible from cost of acquisition at the time of actual transfer of asset

May 8, 2023 765 Views 0 comment Print

ITAT Delhi held that applying the provisions of section 51 of the Act, the amount of advance which was forfeited would be deducted from the cost of acquisition of the asset at the time of actual transfer of the asset in future.

Addition u/s 69C merely because assessee dealt with suspected scrips is unsustainable

May 8, 2023 1701 Views 0 comment Print

ITAT Mumbai held that merely because assessee has dealt with suspected scrips, addition u/s 69C is not justified as purchase and sale of scrips were through recognized stock exchange and payments were through banking channel only.

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