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Cause of delay material for granting condonation not length of delay

June 23, 2022 2454 Views 0 comment Print

Length of delay is not a material to condone the delay and rather the cause of delay is to be considered for condonation of the delay.

Disallowance for incompleteness of bills & vouchers on estimation basis not valid

June 23, 2022 1941 Views 0 comment Print

Expenses have been disallowed on estimate basis. The basis of such disallowances is said to be incompleteness of the bills and vouchers. However, the Assessing Officer has not pointed out as to which bills and vouchers were found to be wanting.

ITAT imposes Cost of Rs. 5,000 for Negligent Attitude of assessee

June 23, 2022 306 Views 0 comment Print

Hashesh V. Patel (HUF) Vs ITO (ITAT Ahmedabad) ITAT consider it fair and proper and in the interest of justice to give one more opportunity of being heard to the assessee. However, keeping in view the casual and negligent attitude of the assessee especially during the course of assessment proceedings, ITAT impose a cost of […]

Depreciation on 120 Computers cannot be denied by alleging personal use

June 23, 2022 393 Views 0 comment Print

Jaya Publications Vs DCIT (ITAT Chennai) We find that the assessee has purchased Computers for business purposes and claimed depreciation thereon. In support, the relevant invoices were produced. The only reason to disallow the depreciation is the conclusion of Ld. AO that the use of computers for business was not established. However, this conclusion is […]

Diasallowance of entire expense for non-submission of evidence is unreasonable

June 23, 2022 762 Views 0 comment Print

The Assessing Officer as well as the ld. CIT(A) had chosen to disallow the entire expenditure without appreciating the fact that no income of hire charges can be earned without incurring expenditure on salaries and fuel etc. This approach of lower authorities is most unreasonable and arbitrary.

No Section 234E late fee for default committed before 01.06.2015

June 23, 2022 420 Views 0 comment Print

Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act.

No section 271(1)(c) Penalty if AO fails to specify inaccurate particulars of income

June 23, 2022 1332 Views 0 comment Print

Rajendra Venkat Reddy Vs DCIT (ITAT Pune) The issue in the present appeal relates to the levy of penalty u/s 271(1)(c) of the Act. The Assessing Officer sought to levy penalty in respect of addition of Rs.15,00,000/- being unexplained cash deposits in the bank accounts held by the appellant. The addition was purportedly made u/s […]

In absence of major infirmity or irregularity expenses cannot be doubted

June 23, 2022 342 Views 0 comment Print

It is not possible to show the veracity of many expenses, because such expenses are running, on continuous basis for each and every trip. He further held that unless any major infirmity or irregularity can be found and proved, expenses cannot be doubted.

Adjustment on debatable issue not permitted in section 143(1)(a) intimation

June 22, 2022 1422 Views 0 comment Print

City Manager Association Ahmedabad Municipal Corporation Vs DCIT (ITAT Ahmedabad) Let us consider the scope of section 154 for making prima facie adjustment while processing return under section 143(1)(a) of the Act i.e. process of dealing with the return is an ex parte process. It is pertinent to observe that whenever any debatable issue is […]

Credit for TDS is available in the year in which income is reported

June 22, 2022 2136 Views 0 comment Print

Interglobe Entreprises Pvt. Ltd Vs ACIT (ITAT Delhi) A combined reading of Section 199(3) r.w. Rule 37BA(3) makes the position of law clear that credit for TDS is available in the year in which the income is reported and as a corollary, should not be deferred to some other assessment year. In the instant case, […]

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