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Non-compliance inspite of repeated notices led to gross negligence hence cost of Rs. 2,000/- imposed

March 30, 2023 345 Views 0 comment Print

ITAT Jaipur held that non-compliance inspite of repeated notices/ summons has led to gross negligence on the part of the assessee and accordingly matter restored back and cost of Rs. 2,000/- imposed for negligent attitude during income tax proceedings.

Cash Deposited during Demonitization allowed by Pune ITAT

March 30, 2023 1506 Views 0 comment Print

It is seen that the assessee is maintaining regular books of accounts. The first item is of Rs. 20,50,000/- claimed to have been received from farmers out of advances made in the preceding year.

Penalty notice u/s. 274 r.w.s 271(1)(c) not specifying limb under which penalty proceeding is initiated is invalid

March 30, 2023 5919 Views 0 comment Print

ITAT Delhi held that issuance of notice under section 274 r.w.s. 271(1)(c) of the Income Tax Act without specifying the particular limb under which the penalty proceedings have been initiated concludes that the notice is issued in a stereotyped manner without applying mind and accordingly imposition of penalty is bad in law.

Profit margin forgone by assessee could not be held as expenditure for creating intangible or goodwill

March 29, 2023 1248 Views 0 comment Print

The profit margin forgone by assessee could not be held to be expenditure in creating intangible or goodwill as there was no expenditure incurred by assessee except those that were set out in the profit and loss account and disallowing such expenditure by AO and consequently arriving at a positive total income chargeable to tax was without any basis and not in accordance with law.

Deduction u/s 36(1)(va) available only if employees’ share is deposited by employer before due date

March 29, 2023 7344 Views 0 comment Print

ITAT Delhi held that the deduction u/s 36(1)(va) of the Income Tax Act can be allowed only if the employees’ share in the provident fund and ESI fund is deposited by the employer before the due date stipulated in respective Acts.

ITAT deletes addition for duly explained Cash Deposits during demonetisation

March 29, 2023 1791 Views 0 comment Print

AO observed that the assessee deposited cash of Rs.17.00 lakh in his bank account on different dates during the demonetization period.

Section 143(2) notice is to be issued by AO who completes assessment before due date  

March 29, 2023 885 Views 0 comment Print

Divya Raghavan Vijayan Vs ACIT (ITAT Mumbai) even though in the order sheet it is written by the ACIT Circle-3 Kalyan that he had issued the 143(2) notice on Aug 30th 2015, but in the same file, I find that the Chief Commissioner has transferred the jurisdiction of assessee’s case from ITO ward-33, Thane to […]

One appeal cannot be filed against two reassessment orders for same assessment year-

March 29, 2023 1257 Views 0 comment Print

ACIT Vs Ajit Anantrao Pawar (ITAT Mumbai)  The facts stated hereinabove by the ld. AR are not in dispute with regard to framing of two independent section 153C assessments for each assessment year. It is not in dispute that six independent appeals were filed by the assessee before the ld CIT(A) and accordingly, numbered thereon […]

TDS on Monthly Remuneration to Guest Faculties

March 29, 2023 9168 Views 0 comment Print

alleged default towards non deduction of TDS from payments made to Guest faculties with reference to Section 194J of the Income Tax Act, 1961

Rent of Flat not Used for Business Purpose is not allowable

March 29, 2023 417 Views 0 comment Print

it has been clearly brought out that this flat was never used for any business purposes of the assessee-company and whatever evidences have been produced in the form of leave and licence agreement, minutes of Board meeting, etc. fall in the category of self-serving documents.

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