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All ITAT

Enhancement of income without giving any opportunity of hearing not valid

July 29, 2022 345 Views 0 comment Print

Mayank Kumar Garg Vs ITO (ITAT Delhi) It was submitted by the ld Counsel for the Assessee that the addition of Rs. 16,82,836/- has been made without giving any opportunity of hearing for enhancement of the income. The ld DR could not controvert this arguments. In the light of the aforesaid irregularity and violation of […]

Section 263 order not sustainable if no error in Assessment Order

July 29, 2022 228 Views 0 comment Print

Sopan Developers Vs PCIT (ITAT Rajkot) Amendment for charging the tax on the notional rent with respect to the properties held as stock in trade was applicable from the assessment year 2018-19 and subsequent assessment year. As such, the amended provision is not applicable for the year under consideration. Thus the question of calculating the […]

Reopening of assessment based on mechanically received approval is bad in law

July 29, 2022 1932 Views 0 comment Print

Held that reopening of assessment on the basis of the approval given in mechanical manner without application of mind is bad in law and liable to be quashed.

Condonation of delay not granted on the basis of vague reasons

July 29, 2022 3555 Views 0 comment Print

Held that it can be make out that the assessee has made an afterthought to file the appeal accordingly condonation of 1070 days cannot be granted on the basis of vague reasons

No section 154 Rectification by AO in case of Debatable Issues

July 29, 2022 1167 Views 0 comment Print

Avisha Credit Capital Ltd. Vs ITO (ITAT Delhi) Undisputedly, the loss from sale of shares was debited to profit and loss account as trading loss. While completing the assessment under section 143(3) of the Act, the Assessing Officer obviously has accepted the claim. The Assessing Officer has initiated proceeding under section 154 of the Act […]

ITAT disallows Golf Club membership fees partially

July 29, 2022 3861 Views 0 comment Print

Vipul Ltd. Vs ACIT (ITAT Delhi) it can be observed that as far as the subscription fee to Clubs is concerned the nature of business activity of the assessee company is such that for procurement of business the Managing Director may have to attend the clients and entertain them occasionally at clubs. However, the four […]

Hawala Purchase: Only profit element can be taxed not entire Purchase

July 28, 2022 951 Views 1 comment Print

Navin Sirahmal Mukim Vs ITO (ITAT Pune) It is observed that the assessee allegedly purchased diamonds through the Hawala purchase bills and thereafter utilized the same in the manufacture of the jewellery. In such a situation, the entire amount of purchase bills does not requires addition but only the profit element because the diamonds must […]

Filing of declaration from lorry owner Lorry applicable from 01.06.2015 – Section 194(6)

July 28, 2022 1149 Views 0 comment Print

Shesh Dhar Chaube Vs ITO (ITAT Delhi) AO alleged that assessee has not filed any declaration from the lorry owner with regard to the number of vehicles owned by them. In this regard sub-section (6) of Section 194C is relevant which provide for the condition as to providing such declaration from the lorry owners. It […]

TOLA Overrides Provisions of Income Tax Act in Matter of Time limits: ITAT

July 28, 2022 5916 Views 0 comment Print

Suminter India Organics Pvt. Ltd. Vs DCIT (ITAT Mumbai) ITAT held that When the overriding provisions of Taxation and Other Laws (Relaxations and Amendments of Certain Provisions) Act 2020 (TOLA) provide separate relaxations for the purpose of the legal obligations with respect to the filing of return vis-à-vis filing of other documents, to that extent, […]

Cost of Acquisition & Year of Indexation of Property received on Partition of HUF

July 28, 2022 3297 Views 0 comment Print

As per section 49 of the Act, where the capital asset became the property of the Assessee on any distribution of assets on the total or partial partition of a Hindu undivided family etc. etc. etc., the cost of acquisition of the asset shall be deemed to be the cost for which the previous owner of the property acquired it, as increased by the cost of any improvement of the assets incurred or borne by the previous owner or the Assessee, as the case may be.

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