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Bogus Purchase- No addition for amount shown in work in progress

January 19, 2023 1182 Views 0 comment Print

Since Bogus Purchase expenses were shown by assessee under the head work in progress and has not been reflected in the trading account, therefore, no addition can be made.

Furnishing of Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020

January 19, 2023 13185 Views 1 comment Print

Requirement of furnishing audit report in Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020 only.

No further addition for unaccounted inventory already accounted in books

January 19, 2023 1470 Views 0 comment Print

D.C.I.T Vs Vinodchandra Shanabhai Patel (ITAT Ahmedabad) On perusal of the profit and loss account of the assessee placed on page 29 of the paper book, we find that the assessee has shown other income of ₹1,92,78,814.00 which is representing the unaccounted stock found during the course of survey operation under section 133A of the […]

Karnataka Vikas Grameena Bank is deemed co-op society for Income Tax purposes

January 18, 2023 1362 Views 0 comment Print

Karnataka Vikas Grameena Bank Vs ACIT (ITAT Bangalore) Assessee is a regional rural bank and formed with the merging of four regional banks into a single regional rural bank. As per the Regional Rural Bank Act 1976 notification dated 12/09/2005, the shareholders were Central Government, State Government and sponsored Bank. The case was reopened on […]

Assessment order passed in the name of non-existent entity is invalid

January 18, 2023 1938 Views 0 comment Print

ITAT Delhi held that assessment order passed in the name of non-existent entity is equivalent to passing an order in the name of dead person, hence, is invalid.

ITAT upheld addition for Cash deposited during demonetization out of alleged tuition income

January 18, 2023 2022 Views 0 comment Print

Smt. Sonal Kumari Vs ITO (ITAT Chennai) The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the action of AO in adding the cash deposited during demonetization period in assessee’s savings bank account maintained with Punjab National Bank between 15.11.2016 to 05.12.2016 amounting to Rs.7.68 lakhs. The […]

Section 40A(3) Disallowance not applicable on cash payment to MSEDCL

January 18, 2023 3324 Views 0 comment Print

MSEDCL is a State under Article 12 of Constitution and cash payments made to its franchise/agent is covered under Rule 6DD(b). Therefore, disallowance under Section 40A(3) is not justified.

Addition of SEZ book profits while computing book profits u/s 115JB is unsustainable

January 18, 2023 1002 Views 0 comment Print

ITAT Bangalore held that addition of Special Economic Zone books profits while computing books profits under section 115JB of the Income Tax Act is unsustainable in law in terms of Special Bench of Delhi Tribunal decision in the case of ACIT vs. Vireet Investment (P) Ltd.

Cash wrongly deposited in bank A/c of Appellant: ITAT deletes Section 271D penalty

January 18, 2023 1074 Views 0 comment Print

It is evident that the assessee had received cash amounts, but deposited in its Bank A/c which is in violation of the provisions contained in Section 269SS. But like any other penalty, the operation of Section 271D with reference to the violation of the provisions contained in Section 269SS also is not automatic.

Exemption u/s 11 available as renting of auditorium is incidental to fulfilment of object of trust

January 18, 2023 3117 Views 0 comment Print

ITAT Chennai held that renting of auditorium for the purpose of conducting guest lectures or topics to address the students is incidental to fulfilment of the object of the trust i.e. education. Accordingly, exemption under section 11 of the Income Tax Act available.

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