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All ITAT

Land Development Expense Not Deductible in absence of Evidence

June 20, 2022 621 Views 0 comment Print

Rohan Pereria Vs ITO (ITAT Pune) The issue in the present appeal raised through various grounds of appeal relates to the allowance of expenditure claimed as development expenditure on sale of land situated at Baner, Pune while computing the capital gains on the sale of said land. On careful perusal of the order of the […]

No section 271(1)(c) penalty for additions upheld on estimation basis

June 20, 2022 744 Views 0 comment Print

Jagubhai Chhaganbhai Patel Vs I.T.O (ITAT Surat) In this cases in quantum appeals assessee was granted substantial relief in deleting major part of additions and only part of capital gains only on account of cost of improvement on pucca structure was partly upheld on estimation basis. Therefore, all substantial additions were either deleted or upheld […]

Delay in filing of Form 10 – ITAT directs CIT(E) to re-­examine the reasons for failure

June 20, 2022 2664 Views 0 comment Print

Bhalchandra Educational Trust Vs CIT (Exemptions) (ITAT Lucknow) CBDT vide Circular No. 7/2018 dated 20/12/2018 has issued directions for condonation of delay u/s 119(2)(b) of the Act in filing of Form 10 and Form 9A for assessment year 2016-17. The analysis of directions of CBDT vide this circular reveals that since assessment year 2016-17 was the […]

No section 68 addition for Cost of purchase of penny stock shares

June 20, 2022 702 Views 0 comment Print

Hiralaxmi Ishwarlal Mehta Vs ITO (ITAT Mumbai) ITAT noted that the assessee already disclosed the bogus long term capital gain claim on sale of penny stock shares under income disclosure scheme. The sum so disclosed was Rs. 16,20,156/-. The cost of these shares was Rs. 30,673/- which was a component of the total sale proceeds […]

Section 269SS & 269T not applicable to Cash Payment/receipt for purchase of land

June 20, 2022 3513 Views 0 comment Print

Rajesh Vitthal Badade Vs JCIT (ITAT Pune) It is found as an admitted position that the AO recorded statement of Mr. Sampat G. Mandhare and Mrs. Dropadabai Fakirrao Harpale, who had given sum of Rs. 5.00 lakh and Rs.7.00 lakh respectively to the assessee as advance for purchase of the land. Here it is relevant […]

No Deemed Dividend If Loans & Advances in Normal Business benefits both Payer & Payee

June 20, 2022 672 Views 0 comment Print

ITAT held that where loans and advances are given in normal course of business and transaction in question benefits both payer and payee companies, provisions of section 2(22)(e) cannot be invoked.

ITAT condone delay in filing appeal as Advocate of appellant was busy in filing GST returns

June 20, 2022 1008 Views 0 comment Print

.In the reason for delay in filing the appeal the appellant has stated that Advocate was busy in filing the GST returns and forgot to file the said appeal.

Commodity derivatives trading loss can be set-off against regular business profits

June 20, 2022 2232 Views 0 comment Print

ITAT held that loss from trading in commodity derivatives is not a speculative loss and rightly been set off by the assessee against regular business profits from medical derivatives business.

ITAT imposes Cost on Assessee for Lackadaisical & non co-operative attitude

June 20, 2022 192 Views 0 comment Print

ITAT imposes cost of Rs.25,000 for lackadaisical and non co-operative attitude of the assessee towards the quantum proceedings

Section 272A(1)(C) penalty sustainable for Violation of Section 131

June 20, 2022 906 Views 0 comment Print

Assessee did not appear on the date of hearing and did not furnish any application stating any reasonable cause for not appearing on the given date nor requested any adjournment. Thus, there is a clear violation of provision of Section 131 of the Act and penalty u/s 272A(1)(C) of the Act is attracted.

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