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ITAT sustain addition for Bogus Purchases not rebutted by assessee

June 20, 2022 267 Views 0 comment Print

Assessing Officer has given a finding that the assessee had used a pre arranged device in form of booking of bogus purchases of shares. This finding of the Assessing Officer is not rebutted by the assessee by placing any material on record. Therefore, the addition of Rs. 3,32,850/- made u/s 69C is hereby sustained.

No penalty for not offering Salary Income for Taxation due to oversight

June 20, 2022 213 Views 0 comment Print

We note that the assessee did not suppress the fact that no income incurred as such, but however it is reflected in Form 26AS data which is otherwise a salary data and TDS deductions are available for examination to the AO.

No section 194H TDS on discounts on transfer of pre-paid SIM cards/talk time

June 20, 2022 465 Views 0 comment Print

ITAT held that tax withholding provisions under section 194H would not be applicable to discounts extended to pre-paid SIM distributors on transfer of pre-paid SIM cards/talk time.

Revision order invalid if Original Assessment completed with adequate Inquiry & Examination

June 20, 2022 204 Views 0 comment Print

Sujit Kumar Dey Vs ACIT (ITAT Kolkata) The assumption of jurisdiction u/s 263 of the Act by ld. PCIT has been challenged before us by the assessee. Before we advert to the facts and law involved in this issue before us, let us revisit the law governing the issue before us. The assessee has challenged […]

Amendment to Income Tax Section 36(1)(va) & 43B are prospective in nature

June 20, 2022 2064 Views 0 comment Print

PBN Constructions (P) Ltd Vs ACIT (ITAT Kolkata) ITAT direct the A.O. to delete the addition and hold that the Amendment brought in Finance Act 2021 w.e.f. 01.04.2021 by inserting an Explanation to section 36(1)(va) and section 43B of the Act is prospective in nature and would apply from AY 2021-22 onwards. FULL TEXT OF […]

Statement of person not connected with business has no evidentiary value

June 18, 2022 399 Views 0 comment Print

In this case the valuation was done based on the statement of assessee’s son who is no way connected with assessee’s business except his occasional visits. Therefore, the statement of Sh. Rajat Jain has no evidentiary value.

Govt. authority cannot act in irresponsible & negligent manner

June 18, 2022 435 Views 0 comment Print

Government Corporation is like any other assessee before the tax authority and cannot be allowed to plead that on this count it be given a preferential treatment and be allowed to escape the responsibilities of representing their case before the other governmental authorities including the tax authorities.

Interest linked to primary activity eligible for Section 80IA deduction

June 18, 2022 498 Views 0 comment Print

We hold that since the receipt of interest is intrinsically linked to the primary activity of allotment of plots in the industrial park, it is hereby held that the interest is derived from the eligible business and thus, eligible for the purpose of direction u/s. 80 IA.

Tax discharged by GPA holder – Taxing the same Income again is untenable

June 18, 2022 1683 Views 0 comment Print

Based on the merits of the case on a beneficial note we are of the opinion that since the GPA holder namely Sri. Yarlagadda Ravi Chandra Prasad has disclosed the income from the sale of plots gifted by his sister in his return of income and discharged his liability of taxes on returned income, in his return of income, the same cannot be taxed once again in the hands of the assessee.

Rejection of expense merely based on narration of bill unsustainable

June 18, 2022 444 Views 0 comment Print

The narration of the professional fee bill by the payee is not at all material in rejecting the professional fee bill.

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