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Appeal can be filed only on the basis of order/intimation, against which assessee is aggrieved

October 4, 2022 1203 Views 0 comment Print

An appeal can be filed only on the basis of order/intimation, against which the assessee is aggrieved. In the absence of any such document, it will not be possible for any appellate authority to address the grievance of the assessee

LTCG taxable in year of transfer & not in year of issue of fresh cheques for consideration

October 4, 2022 783 Views 0 comment Print

Gupta Synthetics Ltd Vs DCIT (ITAT Mumbai) It was observed that the assessee had entered into a sale deed dated 13/03/2012 with Numech Synthetics P Ltd for sale of land at Dadra in UT Dadra and Nagar Haveli for a sale consideration of Rs.70 lakhs. A registered agreement dated 13/03/2012 was executed. The assessee contends […]

Section 11 exemption claimable on restoration of section 12A registration

October 4, 2022 1020 Views 0 comment Print

ITAT find that since registration is restored by ITAT, the assessee is entitled for claiming deduction U/s. 11 in impugned assessment year

Cost of improvement not allowable if supporting bills, vouchers not submitted

October 4, 2022 5397 Views 0 comment Print

Late Smt. Bhanuben Dhanji Shah Vs DCIT (ITAT Mumbai) The brief facts of the case pertaining to the issue, as emanating from the record, are: During the course of assessment proceedings, the assessee was asked to submit proof with regard to cost of improvement claim of Rs.81,775, with supporting bills, date of incurring such expenditure, […]

ITAT upheld section 68 addition for unexplained cash Scrap Sale

October 4, 2022 1275 Views 0 comment Print

In our opinion, the assessee is having no explanation with regard to generation of scraps and sale of the same. In our opinion, it is only a make-believe story so as to account the unaccounted cash generation by assessee. In view of this, we do not find any merit in the argument of the learned Counsel for the assessee.

Interest expense on perpetual bonds allowable as deduction

October 3, 2022 1770 Views 0 comment Print

ITAT Mumbai held that mere RBI recognition of debt instrument as additional tier/ capital doesn’t change the nature of perpetual debt instrument. Hence, interest expenses on perpetual bonds, allowable as deduction under Section 36(1)(iii) of the Income Tax Act, 1961

Declared additional income taxable as business income & not deemed income

October 3, 2022 1449 Views 0 comment Print

ITAT Bangalore Held that declared additional income offered to tax as business income is sustainable when the only source of income is business income. Hence, the provisions of section 115BBE cannot be invoked to tax the income as ‘deemed income’.

No late fees under section 234 E of IT Act,1961 on TDS default before 01/06/2015

October 3, 2022 849 Views 0 comment Print

Fee u/s. 234E for filing TDS returns belatedly could not be levied prior to 01/06/2015 as there was no machinery provision of sec. 200A .

Section 68 Additions Justified if Assessee fails to Prove Genuineness of Unsecured Loan

October 3, 2022 6060 Views 0 comment Print

Where assessee-firm claimed to have received unsecured loans during relevant years, however, it could not prove genuineness of unsecured loan taken and underneath sources for making these investments, addition made by Assessing Officer under section 68 was justified

Order Passed By AO not Erroneous if passed After Duly Examining Claim of Assessee

October 3, 2022 924 Views 0 comment Print

Where Assessing Officer, after following directions of Principal Commissioner regarding examining of claim made by assessee for exemption under section 54F, passed an assessment order under section 143(3) read with section 263 holding that assessee was eligible for exemption as it held only one residential property during year, subsequent revision order passed by Principal Commissioner setting aside impugned assessment order as erroneous and prejudicial to interest of revenue was to be quashed

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