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Addition upheld as genuineness of purchase and sale of shares not explained

November 21, 2022 1407 Views 0 comment Print

ITAT Ahmedabad held that genuineness of source of purchase and sale of shares thereof remained unexplained and hence concluded that the sale of such shares were only accommodation entry and accordingly addition of entire sale consideration upheld.

Section 115JB benefit Not Available When Net Worth of Sick company Turns Positive

November 21, 2022 1125 Views 0 comment Print

Supertex Industries Ltd Vs DCIT (ITAT Mumbai) Undoubtedly, the assessee was referred to the board of industrial and financial Reconstruction Under the provisions of the sick industrial Companies act. Assessee was declared a sick company u/s 3 [1] [o] of the SICA. Rehabilitation scheme of the assessee was approved by the board of industrial and […]

Corpus donation is capital receipt & irrecoverable – Not Taxable even if Trust is not unregistered

November 19, 2022 4083 Views 1 comment Print

Assessee submitted that corpus donation is in the nature of capital receipt and thus not taxable in the hands of assessee trust irrespective of not being registered under section 12A of Act.

Assessment proceedings commence with filing of Income Tax return

November 19, 2022 1941 Views 0 comment Print

Assessment proceedings commence with filing of Income Tax return and not when notice is issued for the first time under section 143(2)

Assessee needs to establish genuineness of the expenditure

November 18, 2022 2013 Views 0 comment Print

ITAT Mumbai held that onus is on the assessee to establish that the specified expenditure incurred was wholly and exclusively for the purpose of the business, disallowance of expenditure justified in absence of such establishment.

Foreign travel expenditure meant for business purpose cannot be disallowed

November 18, 2022 6603 Views 0 comment Print

ITAT Mumbai held that expenditure incurred on such foreign travel cannot be disallowed on the reason that it was a pleasure tour and not meant for the purpose of business, as assessee furnished all the relevant details with supporting evidences together with the purpose of foreign travel.

Denial of cross-examination of person based on which addition was confirmed is unjustified

November 18, 2022 903 Views 0 comment Print

ITAT Chandigarh held that denial of cross-examination, based on which addition on account of unrecorded sales was confirmed, demolishes the very foundation of making addition and hence such addition is unsustainable in law.

Additions on substantive basis without considering Supplementary Partnership Deed submitted by Assessee are not justified

November 17, 2022 1539 Views 0 comment Print

Satish Kumar Contractor Vs  ACIT (ITAT Delhi) Counsel for the assessee vehemently submitted that the AO was not justified in making the addition on substantive basis in the hands of the assessee. He submitted that the assessee had filed a Supplementary Partnership Deed which clarified about the liability of the assessee firm. It was further […]

CIT(A) while deciding appeal is required to pass order on points of determination with reasons

November 17, 2022 3915 Views 0 comment Print

Section 250(6) of the Act mandates that the Ld. CIT(A) while deciding the appeal is required to pass order on points of determination (grounds of appeals), decision therein on and reasons for such decision.

ITAT allows Benefit to assessee for availing section 44AD for non-maintaining books of account

November 17, 2022 4305 Views 0 comment Print

Sarabjeet Singh Vs ITO (ITAT Amritsar) The brief fact of the case that the assessee is a trader &filed his return u/s 139(1) by taking the benefit of presumptive scheme u/s 44AD of the Act. During the F.Y. 2010-11 related A.Y. 2011-12 the turnover was 15,50,000/- & declared total income of Rs.1,40,880/-. The notice u/s […]

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