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Entire cash deposits during demonetization cannot be considered as unexplained, 20% Addition Upheld

January 2, 2025 8760 Views 0 comment Print

Entire cash deposits made during demonetization could not be treated as unexplained credit and a reasonable addition of 20% of total cash deposit would be sufficient to avoid the possibility of revenue leakage.

Reassessment proceeding quashed as reasons for reopening doesn’t coincide with addition made

January 2, 2025 159 Views 0 comment Print

The notice u/s. 148A(b) of the Income Tax Act, 1961 was issued to the assessee, along with the notice reasons recorded for reopening assessment were also supplied to the assessee.

Transfer of assets of proprietary concern to succeeding company exempt as covered within section 47(xiv)

January 2, 2025 255 Views 0 comment Print

Held that the shareholding of the assessee (voting right) has continued to remain not less than 50% as prescribed in clause (b) of proviso to 47(xiv) of the Act, even after issuing of new shares by the above said company.

Reassessment proceedings quashed as order passed u/s. 148A(d) was non-speaking: ITAT Delhi

January 2, 2025 573 Views 0 comment Print

ITAT Delhi held that order passed u/s. 148A(d) is non-speaking since AO failed to provide adequate counter explanation against reasons furnished by the assessee. Accordingly, assessment u/s. 147 non-est and void ab initio.

Deduction u/s. 80P(2)(d) available to co-operative society for interest earned from co-operative bank

January 2, 2025 498 Views 0 comment Print

ITAT Ahmedabad held that co-operative society is eligible for deduction under section 80P(2)(d) of the Income Tax Act towards interest income earned from investment in other co-operative bank. Accordingly, deduction allowed and appeal by revenue dismissed.

Addition u/s. 68 based on presumptions and concept of human probability not sustainable: ITAT Delhi

January 1, 2025 5586 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act based on presumptions and concept of human probability without bringing on record any materials linking the assessee in any of the dubious transactions relating to entry is not sustainable.

₹1.69 Crore penny stock addition: ITAT remanded matter back to CIT(A)

January 1, 2025 423 Views 0 comment Print

ITAT Mumbai remanded Vandana Deepak Savla’s case to CIT(A), granting a fresh opportunity for the appellant to present evidence in a penny stock transaction dispute.

No addition for NRI investment in mutual funds as the same was legitimate

December 31, 2024 744 Views 0 comment Print

AO had made the addition with the observation that no response was received from assessee. Based on that, he proceeded to complete the assessment u/s 144 based on the information available on his record.

Addition of ₹ 9 Lakh was treated as unexplained for unexplained cash deposits

December 31, 2024 3708 Views 1 comment Print

Assessee had filed his income tax return for A.Y. 2017-18 declaring ₹20,89,430. The case was scrutinized for capital gains from agricultural land sales and cash deposits during demonetization.

Deduction u/s. 80IA(4) not admissible to assessee collecting and transporting solid waste

December 31, 2024 438 Views 0 comment Print

ITAT Chennai held that disallowance of claim under section 80IA(4) of the Income Tax Act justified since assessee is engaged in only collection and transportation of solid wastes and is not engaged in operating and maintaining sold waste management system.

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