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ITAT deletes Addition, Applying retrospective Section 56(2)(x)(b) 10% Safe Harbour Limit

January 11, 2025 729 Views 0 comment Print

ITAT Kolkata deletes ₹19.6 lakh addition for AY 2018-19, citing the retrospective application of the 10% safe harbour limit as a curative amendment under the Income Tax Act.

Rejection of application for condonation of delay in filing refund clam is not appealable order u/s. 253

January 11, 2025 255 Views 0 comment Print

ITAT Surat held that rejection of the application for condonation of delay in filing refund claim u/s 119(2)(b) of the Act is not an appealable order u/s. 253. Thus, appeal dismissed as infructuous.

Revision u/s. 263 wouldn’t survive as assessment order held non-est: ITAT Delhi

January 10, 2025 600 Views 0 comment Print

ITAT Delhi held that revisionary proceedings under section 263 of the Income Tax Act would not survive since the assessment order is held to be non-est. Thus, appeal dismissed as having become infructuous.

Assessee was able to explain additions: ITAT remanded matter to CIT(A)

January 10, 2025 597 Views 0 comment Print

In the matter abovementioned ITAT remanded the matter to CIT (A) after observing that no proper opportunity was given to assessee and assessee was able to substantiate the additions made by AO if opportunity may be granted.

Estimation of 8% is higher than preceding AY: ITAT remanded matter

January 10, 2025 687 Views 0 comment Print

It was argued on behalf of assessee that in the preceding AY, the margin of the assessee from the sale of recharge coupons was 1.75% (approx) and the same was accepted by the Department. Estimation of profit margin at 8% by AO is very much on higher side.

No additions can be made without incriminating material in cases of completed assessments

January 10, 2025 3672 Views 0 comment Print

ITAT Jaipur examines Harish Jain’s appeal regarding additions on undisclosed income and retraction of statements during search operations. Detailed case analysis.

Matter of addition u/s. 69A remanded as documents not produced before lower authorities

January 9, 2025 159 Views 0 comment Print

ITAT Ranchi remanded the matter regarding addition under section 69A of the Income Tax Act back to the file of CIT(A) since paper books was not produced before AO or CIT(A).

Disallowance u/s. 36(1)(va) be reconsidered in light of Supreme Court judgement in Checkmate Services

January 9, 2025 5349 Views 0 comment Print

ITAT Ranchi directed CIT(A) to reconsider the matter of disallowance due to late deposit of Employees Contribution u/s 36(1) (va) of the Income Tax Act in light of decision of Hon’ble Supreme Court in Checkmate Services.

No addition for Gupt Daan’ – unexplained cash found in Religious Trust Lockers

January 9, 2025 783 Views 0 comment Print

‘Gupt Daan’,a secret gift regarding unexplained cash in a Religious Trust locker was pertaining to RNB Temple Trust  and was already brought on record to the extent of Rs.1,79,00,000/- which was evident from the Balance Sheet submitted.

Addition u/s. 68 deleted as evidences demonstrated cash deposits were through agricultural income

January 9, 2025 534 Views 0 comment Print

ITAT Ahmedabad held that addition under section 68 towards cash credits not justified since evidences clearly demonstrates that cash deposits and credit entries are through agricultural income. Accordingly, addition deleted and appeal allowed.

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