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All ITAT

Non compliance of E-notices due to closure of Companies operations is reasonable cause

April 21, 2023 459 Views 0 comment Print

The assessee however submitted that its operations were closed and being no regular employee looking after the matter, the notices issued by the Learned CIT(A) could not be complied.

Interest/Salary received by Partner from partnership Firm Assessable as Business Income

April 21, 2023 11286 Views 0 comment Print

ITAT held that as per specific provision of Section 28(v) of the Income Tax any interest, salary etc. earned by a partner from a partnership firm is taxable under the head profit and gains of business or profession and there is no question of categorizing it under the head income from other sources.

Final Assessment Order passed beyond limitation Period is Null & Void

April 21, 2023 1731 Views 0 comment Print

Final order passed by AO is beyond limitation period provided u/s 144C of Income Tax Act, hence, same is liable to be declared as null & void

POA Holder liable to tax on Capital Gain if fails to prove transfer of consideration to original owner/seller

April 21, 2023 939 Views 0 comment Print

Assessee contended that he was not the owner of the property sold and he executed sale deed on behalf of owner Shri Ashok Kumar Garg and, therefore, fasting tax liability on account of short term or long term capital gain on the shoulders of the assessee is not valid.

Merely not producing original bills cannot make purchase bogus

April 21, 2023 432 Views 0 comment Print

Assessee through bills established co-relation between sales and purchase and merely not producing original bills cannot make purchase bogus

Addition based on statement recorded u/s 133A without considering evidences is unjustified

April 20, 2023 789 Views 0 comment Print

ITAT Delhi held that addition merely on the basis of statement recorded u/s 133A of the Income Tax Act without considering the documents and evidences is unjustified. Accordingly, matter remanded back for fresh consideration.

Violation of section 194C(7) doesn’t attract disallowance u/s 40(a)(ia) as section 194C(6) duly complied

April 20, 2023 1902 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act unjustified as there was due compliance with provisions of section 194C(6). Violation of provisions of section 194C(7) doesnot attract disallowance u/s 40(a)(ia) of Income Tax Act.

Reasons for formation of belief must have rational connection with formation of belief

April 20, 2023 633 Views 0 comment Print

It is a well settled law that, reasons for formation of belief must have rational connection with or relevant bearing on formation of belief.

Primary Obligation is of Assessee to Prove Source of Credit in Bank Account

April 20, 2023 1101 Views 0 comment Print

Shanthi R. Pai Vs ITO (ITAT Bangalore) AO made addition of Rs.26,79,000/- on account of cash deposits. Assesee stated that she is a home maker &  her husband  was employed overseas as Chartered Accountant serving overseas  from 1975 to 2008. He used to send money from abroad and also invested in Term Deposits in India […]

Section 272A(2) penalty not leviable on or after 1st Day of July, 2012

April 20, 2023 1317 Views 0 comment Print

ITO (TDS) Vs Hadpawat Enterprises (P) Ltd. (ITAT Jodhpur) From a plain reading of second proviso to Section 272A(2) which is inserted by the Finance Act, 2012 w.e.f. 01-07-2012, it is clear that penalty under clause (k) of Section 272(A)(2) cannot be levied on or after the 1st Day of July, 2012. In the instant […]

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