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No incriminating material during search, no addition u/s 69

June 27, 2022 339 Views 0 comment Print

Addition u/s 69 unsustainable as assessee books of account have not been rejected and also durin search no incriminating material was found which would point out towards the assessee introducing her unaccounted cash into the books of account.

Share of profit, as per LLP agreement, exemption u/s 10(2A) available

June 27, 2022 1707 Views 0 comment Print

The assessee has received the share of profit as per the terms of the LLP agreement and, therefore, the same has rightly been held to be exempted u/s 10(2A) of the Act.

Invoking section 263, for comprehensive inquiry made by AO, unsustainable

June 27, 2022 312 Views 0 comment Print

Detailed analysis of Sh. Jai Parkash Garg Vs PCIT case at ITAT Delhi. AO enquiry, PCIT jurisdiction, and conclusion discussed. Appeal allowed on 14/06/2022.

When property is vacant, rent is to be calculated under section 23(1)(a)

June 27, 2022 3291 Views 0 comment Print

The assessee rent for the property which remained vacant for the entire year shall be calculated as per provisions of Section 23(1)(a) of the Act. Section 23(1)(c) will not be applicable in such case.

Section 68 Addition cannot be made for purchases

June 27, 2022 2388 Views 0 comment Print

ITAT held that Addition under section 68 of Income Tax cannot be made for purchases as purchases is an expense which is debited in books and not a loan or deposit which is credited in books

Application for condonation of delay cannot be rejected without assigning any specific reasons

June 27, 2022 5949 Views 0 comment Print

Rahul M. Vadodariya Vs ITO (ITAT Ahmedabad) ITAT held that Ld. CIT(A) has not approached the matter judiciously and has dismissed the appeal of the assessee, by rejecting the application for condonation of delay, without assigning any specific reasons why the delay in filing appeal should not be condoned. There is no allegation to the […]

ITAT quashes section 271(1)(c) penalty as VAT was paid before due date of return

June 27, 2022 225 Views 0 comment Print

Ganesh Jagannath Choukse Vs ACIT (ITAT Nagpur) This appeal is filed by the Assessee against the order of Learned Commissioner of Income Tax (Appeals)-1, Nagpur, [“Ld. CIT(A)”, for short], dated 29/05/2017 for Assessment Year 2012-13. 2. The brief facts of the case are that the Assessee has filed return on, 15.05.2013 declaring income of Rs.15,83,910/-. […]

Section 271C penalty not imposable if TDS was not deductible

June 27, 2022 1110 Views 0 comment Print

Assessee has challenged the imposition of penalty under Section 271C of the Income Tax Act for non deduction of tax at source as per provisions of Chapter XVII-B towards amount paid as External Development Charges (EDC) to Directorate of Town and Country Planning, Haryana (Haryana Government) (DGTCP) through banking channel favouring Haryana Urban Development Authority (HUDA).

Cash Payment cannot be treated as payment to single person merely for consolidated payments to group leader

June 27, 2022 1578 Views 0 comment Print

Explore the details of Rahul Udyog’s appeal against ITO, focusing on TDS disallowance and business expenses. Analysis of Hamali, Jalau Lakdi, Bardana expenses, and interest disallowance.

No Section 271(1)(b) penalty where assessment is completed u/s 143(3)

June 27, 2022 567 Views 0 comment Print

Explore the case of Salasar Derivatives Pvt. Ltd. against ITO, focusing on the justification of penalty under section 271(1)(b) of the Income Tax Act. Detailed analysis and conclusion.

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