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Income accrues only when services are rendered

June 13, 2022 1371 Views 0 comment Print

DCIT Vs Hyderabad Educational Institutions Pvt. Ltd (ITAT Hyderabad) The tuition fee is received in the last quarter of a financial year, however, the corresponding service is rendered by the assessee in the next quarter which falls in a different financial year. Accordingly, held that income accrues only when the right accrued by rendering of […]

Addition u/s 40A(3) unsustainable in absence of incriminating material

June 13, 2022 630 Views 0 comment Print

S. Ashokan Vs DCIT (ITAT Chennai) Addition towards cash payments u/s 40A(3) unsustainable in absence of any incriminating materials found during search – claim of assessee abruptly rejected that cash found during search pertains to earlier AY. Facts- The first issue in assessee appeal is validity of assessment order passed by the AO u/s.143(3) r.w.s.153A. […]

CSR expenditure towards education is allowable deduction u/s 37

June 13, 2022 4833 Views 0 comment Print

XINDIA Steels Ltd. Vs ACIT (ITAT Bangalore) CSR expenditure, for the benefit of public towards education expenses to the schools/villages surrounding the factory of children of the villages where the factory of the assessee is situated, is business expenditure allowable as deduction u/s 37 Facts- The assessee filed return of income declaring Rs.45,62,36,080 as per […]

Non-filing of return vis-à-vis cash deposit found in AIR, notice u/s 148 sustainable

June 13, 2022 1704 Views 0 comment Print

Sanjaykumar Gangaram Patel Vs ITO (ITAT Ahmedabad) Return not filed, however, cash deposit was found in AIR. Accordingly, AO issued notice u/s 148. Addition on cash deposited in bank account, opened with the assessee’s wife, is sustainable. Facts- The assessee is an individual. For AY 2006-2007, assessee has not filed a ROI. Annual Information Return […]

Cash expenditure, exceeding threshold limit u/s section 40A(3), disallowed

June 13, 2022 594 Views 0 comment Print

ACIT Vs Bajrang Bahadur Singh (ITAT Varanasi) Manipulation and falsifying records by making wrong entries to bring itself out of clutches of provisions of section 40A(3) is unsustainable in law. Cash expenditure above threshold limit u/s 40A(3) disallowed Facts- The assessee filed its ROI declaring total income of Rs.64,87,970/-, on 29.09.2012. The assessment was completed […]

ITAT deletes Penalty related to addition for Gift from Mother

June 12, 2022 1194 Views 0 comment Print

ITAT Ahmedabad cancels penalty on Anisha R. Dhanani. Unexplained cash credit addition lacked accurate particulars. Bona-fide explanation considered.

Repayment of debt, incurred by trust, for construction of building is application of income

June 12, 2022 6204 Views 0 comment Print

DCIT Vs Ram Asra Goyal Education & Research Society (ITAT Chandigarh) Facts- The assessee society was registered under the Societies Registration Act and also registered u/s. 12AA of the Income-tax Act, 1961. The assessee filed its ROI on 03-09-2014 declaring Nil income. Later on, the case was selected for scrutiny. During the course of assessment […]

Section 40A(3) not applicable to cash payment for purchase of stock-in-trade

June 11, 2022 3822 Views 0 comment Print

Vikrant Happy Homes Pvt. Ltd. Vs DCIT (ITAT Pune) Coming to the facts on hands in the present case the fact remains admitted that the sellers from whom the assessee purchased lands were identified the transaction and also acknowledged the cash payments, thereby, it shows the transaction is genuine, as discussed in the foregoing paragraphs […]

Deduction available u/s 10B towards profits of eligible units without setting off of b/f unabsorbed depreciation/ business loss

June 11, 2022 918 Views 0 comment Print

International Agricultural- Processing (P) Ltd. Vs ACIT (ITAT Chennai) Facts- The assessee is engaged in the business of export of processed agricultural produce like gherkins, onions and other vegetables. The assessee company is a 100% Export Oriented Unit and has claimed deduction u/s.10B of the Income Tax Act, 1961 (The Act) from the AY 2000-01. […]

Appeal filed by the struck off company maintainable

June 11, 2022 4086 Views 0 comment Print

Dwarka Portfolio Pvt. Ltd. Vs ACIT (ITAT Delhi) Facts- The assessee has challenged the order dated 24/03/2017 passed by CIT(A), wherein an addition of Rs. 18,00,00,000/- made u/s 68 of Income Tax Act by the A.O has been confirmed by the CIT(A) for AY 2014-15. Notably, the assessee Company has been struck off vide Notification […]

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