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Section 154 cannot be invoked on debatable issues

June 21, 2022 1902 Views 0 comment Print

South West Pinnacle Exploration Ltd. Vs ACIT (ITAT Delhi) Rectification under section 154 of the Act can only be made when glaring mistake of fact or law has been committed by the officer passing the order becomes apparent from the record. Rectification is not possible if the question is debatable. Moreover, the point which was […]

Penalty Proceedings invalid if initiated on the basis of Defective Notice

June 21, 2022 1410 Views 0 comment Print

If very initiation of penalty proceedings on a defective notice is invalid and it do not warrant imposition of penalty u/s.271(1)(c) of the Act on the assessee.

Refund of TDS credit cannot be denied irrespective of year of appearance in form 26AS

June 21, 2022 2262 Views 0 comment Print

GSR Ventures Private Limited Vs DCIT (ITAT Hyderabad) Once any TDS is effected in accordance with the provisions of the Act and paid to the Central Government, such an amount shall be treated as a payment of tax on behalf of the person from whose income the deduction was made, and, therefore, a credit of […]

ITAT upheld partial disallowance of expense which are not fully verifiable

June 21, 2022 588 Views 0 comment Print

Bistro Hospitality Pvt. Ltd. Vs ACIT (ITAT Delhi) Disallowance of Rs.4,00,000/- was made by the AO on adhoc basis on the ground that the amounts claimed under the expenses are neither fully vouched nor fully verifiable, so it cannot be said that the same are wholly and exclusively incurred for the purpose of business. The […]

Addition for difference in Share of profit from Partnership due to Mistake in lowering the same not sustainable

June 21, 2022 390 Views 0 comment Print

Addition for difference in Share of profit from Partnership due to Mistake in lowering the profit in revised Return same not sustainable

Income from Sale of Shares treated as Business Income as Assessee himself treated the same as Business Income in earlier & Subsequent years

June 21, 2022 438 Views 0 comment Print

Income from Sale of Shares treated as Business Income as Assessee himself treated the same as Business Income in earlier & Subsequent years

Cash Gift from Father Taxable on failure to prove creditworthiness

June 21, 2022 37284 Views 0 comment Print

Praveen Kumar Chauhan Vs ITO (ITAT Delhi) Revenue submitted that the assessee failed to explain the source of cash deposits. The only contention of the assessee before the authorities below was that the amount was received as a gift from his father. He submitted that the assessee has merely filed an affidavit. However, creditworthiness of […]

No penalty for non-furnishing of segmental details of AE & non-AE transactions due to practical difficulties

June 21, 2022 798 Views 0 comment Print

ITAT held considering the practical difficulties involved in furnishing the segmental details of AE transactions and non-AE transactions, penalty under Sec. 271G could not be justifiably imposed.

Expenditure on distribution of freebies & gifts to doctors not allowable

June 21, 2022 834 Views 0 comment Print

ITAT Ahmedabad upholds disallowance of Amay Pharma’s expenditure on gifts to doctors. Setback on c/f loss setoff. Latest SC ruling cited.

Holistic view adopted for calculation of fair market value

June 20, 2022 2316 Views 0 comment Print

Held that tribunal in assessee’s co-owner case has taken holistic view in adoption of fair market value as DVO has himself stated in his report that the impugned land was situated at a more appropriate location as compared to sale instances considered by him.

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