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Limited Scrutiny: Advance from customers cannot be treated as sundry creditors

May 14, 2022 4779 Views 0 comment Print

M. M. Engineers and Consultants Vs PCIT (ITAT Cuttack) At the outset, a perusal of the balance sheet clearly shows that there is nothing in the balance sheet of the assessee under the term ‘sundry creditors’. We are alive to the fact that this is a limited scrutiny assessment, which is done under CASS. In […]

Reassessment Based on wrong and incorrect facts is bad in law

May 14, 2022 3144 Views 0 comment Print

Keshav Saran Vs ACIT (ITAT Delhi) In the present case, the assessee has actually filed the return of income and the Assessing Officer in the satisfaction note noted that the assessee has not filed return of income. Thus, we safely presume that the Assessing Officer has initiated reassessment proceedings by mentioning wrong and incorrect facts […]

AO cannot treat trading liabilities as unproved on presumptions 

May 14, 2022 357 Views 0 comment Print

It is well settled proposition of law that the apprehension, howsoever strong, cannot substitute material evidences. A.O. was not justified in treating part of liabilities as unproved on presumptions, surmises and conjectures

Religious charitable trust not making any distinction between caste, creed, race, religion eligible to register as trust  for Charitable purpose

May 14, 2022 16746 Views 0 comment Print

Sri Channamallikarjuna Trust Committee Gangavathi Vs CIT (Exemption) (ITAT Bangalore) Sec. 80G applies only to charitable trusts or institutions. It does not apply to religious trusts or institutions whereas scheme of exemption u/s 12A applies to both charitable as well as religious trusts. Section 80G of the Income Tax Act’1961 provides deduction while computing the […]

Interest on enhanced compensation under Land Acquisition Act is not taxable: ITAT Delhi

May 14, 2022 6933 Views 0 comment Print

Pranav Saran Vs ACIT (ITAT Delhi) There are divergent views on this taxability of interest on the enhanced compensation awarded u/s 28 of the Land Acquisition Act wherein the Hon’ble Punjab & Haryana High Court has consistently taking a view that it is an income to be treated under the head ‘income from other sources’. […]

Reopening on wrong assumption of facts by AO cannot be sustained

May 14, 2022 987 Views 0 comment Print

ITAT held that that the A.O. has ventured on a wrong assumption of facts though the agreement was available on hand with the A.O. in the original assessment proceedings. Considering the facts and circumstances are of the opinion that the reopening on the wrong assumption of facts by the assessing officer cannot be sustained.

Legal Expenses to Defend Criminal Charges against Directors Allowable

May 14, 2022 1302 Views 0 comment Print

Majestic Infracon Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT held that expenses incurred even for defending the directors and their relatives in criminal litigations are admissible expenses provided that are incurred in order to protect the business interest of the assessee. The undisputed facts are that the directors of the assessee company and the other […]

ITAT allows one more opportunity to appellant under liquidation to substantiate its case before CIT(A)

May 14, 2022 402 Views 0 comment Print

Integrated Finance Company Limited Vs ACIT (ITAT Chennai) The ld. Counsel for the assessee has submitted that the assessee company, being under liquidation, was under strenuous pressure of running behind the Hon’ble High Court and public depositors as well as bond holders for consolidation and recover the dues with lack of sufficient staff and thereby […]

Quantum appeal cannot be dismissed for Opting of VSVS against Penalty order

May 14, 2022 552 Views 0 comment Print

Poosabban Thangaraju Vs ITO (ITAT Chennai) On perusal of the Form 5 dated 25.03.2021 issued under VSVS by the Designated Authority for both the assessment years, we find that the Form 5 has been issued for full and final payment of ₹.6,250/- as taxes in terms of VSVS order under section 5(2) dated 05.02.2021 pertains […]

Income Tax proceedings cannot continue against corporate debtor during pendency of insolvency proceedings

May 13, 2022 654 Views 0 comment Print

We find that in view of Section 14 of IBC 2016 no proceedings can continue against the corporate debtor during the pendency of insolvency proceedings.

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