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Loan to assessee cannot be treated as deemed dividend when Assessee given personal Security as collateral for loan of Company

June 28, 2022 693 Views 0 comment Print

Explore the ITAT Visakhapatnam’s resolution in the case of Smt. Sabhapathi Padmasree vs. ITO regarding deemed dividends. Learn how collateral security provided by the assessee impacted the tax treatment of loans and advances under section 2(22)(e).

No addition for Cash Deposit during Demonetization out of Cash generated from Rent

June 28, 2022 552 Views 0 comment Print

Explore the ITAT Chennai resolution in the case of Shri Krishnapandian Balaji vs. DCIT regarding unexplained cash deposits during demonetization. Learn how the assessee justified the source as rental income.

No section 271(1)(b) Penalty if assessment completed under section 143(3)

June 28, 2022 2103 Views 0 comment Print

Explore the ITAT Mumbai decision in Swati Jignesh Jain vs. ITO regarding the imposition of penalty u/s. 271(1)(b). Learn how the AO deemed condonation of the assessee absence influenced the verdict.

Excise duty/Interest subsidy given in pursuant of industrial policy is capital receipt

June 28, 2022 570 Views 0 comment Print

ITAT held that excise duty subsidy and interest subsidies given in pursuant of new industrial policy were held to be capital receipts.

Loss on restatement of loan obtained for purchase of indigenous assets is capital loss

June 28, 2022 417 Views 0 comment Print

Dive into the analysis of Steril-Gene Life Sciences’ appeal against DCIT’s treatment of forex loss as capital expenditure. Understand the impact on machinery cost and depreciation.

In absence of Jurisdiction over Assessee AO cannot issue Section 143(2) Notice

June 28, 2022 1686 Views 0 comment Print

Explore the legal intricacies of Anil Kumar Khetawat case vs. ACIT. Uncover how a jurisdictional flaw in issuing notice under section 143(2) renders the assessment proceedings void.

Section 263 jurisdiction cannot be exercised for substituting other possible view

June 28, 2022 342 Views 0 comment Print

Explore the case of Mahesh Arvind Tilve vs. PCIT (ITAT Mumbai) where the validity of the assessment is questioned. Assess the jurisdictional challenges and the significance of cash transactions.

Short-payment against invoices allowable as business loss even if not mapped against particular invoices

June 28, 2022 291 Views 0 comment Print

The undisputed position that emerges is that the assessee has received short-payment against invoices from various transport undertakings. The same is evident from the ledger extract furnished by the assessee. Undisputedly, these undertakings are the customer of the assessee and the shortfall of amount so received by the assessee has been claimed as bad-debts / discounts.

Addition for cash deposit – ITAT directs AO to consider submission of Assessee

June 28, 2022 828 Views 0 comment Print

Explore the Harpreet Singh Grover vs. ITO case at ITAT Amritsar. Analysis of cash deposit controversy, CIT(A) decision, and ITAT’s order for de novo adjudication.

Depreciation compulsorily allowed even if Assessee has not Claimed It

June 28, 2022 867 Views 0 comment Print

Explore the Orissa Power Transmission Corporation Ltd vs. ACIT case at ITAT Cuttack. Analysis of interest income, business vs. other sources, and prior period expenses.

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