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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.

No Section 271AAB Penalty if Search Proceedings were not initiated on assessee

June 28, 2022 474 Views 0 comment Print

Explore the ITAT Mumbai decision in Ramavatar Mandavewala vs. JT.CIT regarding the applicability of penalty under Section 271AAB for undisclosed cash. Detailed analysis and conclusion.

ITAT deletes addition for cash deposited during demonetization based on past trend of Cash Sales & Deposit

June 28, 2022 2769 Views 0 comment Print

Lateef Abdul Mohd. successfully challenges ITAT Hyderabad decision on cash deposit addition during demonetization, citing sales correspondence and legal precedent.

When sales are not in doubt, then 100% disallowance for bogus purchases cannot be made

June 28, 2022 1377 Views 0 comment Print

ITAT ruled that when sales are not in doubt, then 100% disallowance for bogus purchases cannot be made and relied on Hon’ble jurisdictional High Court in Nikunj Eximp Enterprises Pvt Ltd 372 ITR 619 (Bom) and Principal Commissioner of Income-tax vs M. Haji Adam & Co Income Tax Appeal No.1004 of 2016 dated 11/2/2019.

ITAT allows Carry Forward of depreciation in succeeding assessment years

June 28, 2022 390 Views 0 comment Print

In a crucial decision, ITAT Delhi rules in favor of Nimit Kumar Aneja, allowing depreciation under section 32. Analysis of the case and its implications for carry-forward of WDV.

Disallowance of foreign exchange loss on buyer’s credit- ITAT remanded matter back to AO

June 28, 2022 405 Views 0 comment Print

Explore the detailed analysis of K. Uttamlal & Company vs ACIT case regarding disallowance of foreign exchange loss on buyer credit. Learn the legal perspective and the final verdict.

Disallowance u/s 36(1)(va) deleted in absence of adequate intimation

June 28, 2022 1410 Views 0 comment Print

Disallowance on delay in payment toward employee’s contribution to PF u/s 36(1)(va) via u/s 143(1) deleted in absence of adequate intimation to the assessee.

No invocation of sec 68 if assessee filed ITR u/s 44AD without maintaining books of account

June 28, 2022 2664 Views 0 comment Print

Existence of books of account maintained by assessee was a condition precedent for making addition under section 68. Where assessee had not maintained books of account, there was no legal scope to invoke provisions of section 68 and as such, addition made on such premise was to be deleted.

Addition based on DVO report without rejecting books of account is bad in law

June 28, 2022 1260 Views 0 comment Print

Bangalore Bench of the Tribunal in the case of M/s. Shetty Constructions v. ACIT has held that rejection of books of account is a precondition for making reference to the DVO.

Addition u/s 68 based on impounded document, supported with entries, tenable

June 28, 2022 414 Views 0 comment Print

The document impounded herein is duly supported by all the correct entries as per assessee’s stand itself, addition u/s 68 tenable

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