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Recovery in cash from Sundry Debtors duly examined by AO- Assumption of jurisdiction u/s 263 by PCIT invalid

September 23, 2021 3561 Views 0 comment Print

Rameshwar Prasad Shringi Vs PCIT (ITAT Jaipur) Assessing officer has carried out exhaustive enquiries and verifications regarding source of cash deposits in the bank account during the financial year relevant to impugned assessment year. The bank statements, the cash book, the ledger accounts, the financial statements for the year under consideration and for the earlier […]

Education Cess allowable as not fall under section 40(a)(ii)

September 22, 2021 1701 Views 0 comment Print

Education cess was an allowable deduction while computing the income under the head profits and gains from business or profession as it did not fall within section 40(a)(ii).

TNMM is most appropriate method if transactions are relatable & inter­related

September 22, 2021 4449 Views 0 comment Print

Wieland Metals India Private Ltd. Vs ITO (ITAT bangalore) Issue before us is with regard to TP adjustment by applying TNMM by the TPO instead of CUP method adopted by the assessee as most appropriate method in respect of determining of ALP of manufacturing segment. As seen from the details of international transactions, the assessee […]

Allowed deduction of business loss including amount paid as managerial remuneration on account of it being business expenses

September 21, 2021 918 Views 0 comment Print

Universal Buildrise Private Limited Vs ITO (ITAT Delhi)  M/S. Universal Buildrise Private Limited (Appellant) filed an appeal against Order dated September 30, 2019 of the Ld. CIT(A)-9, New Delhi, relating to the Assessment Year (AY) 2016-2017. The Appellant filed its return of income declaring loss and paid taxes on book profit under Minimum Alternate Tax […]

Mere time gap between withdrawals & deposits can’t be reason for alleging undisclosed income

September 21, 2021 5193 Views 0 comment Print

Jodhpur Bench held that mere time gap between withdrawals and deposits cannot be a sole basis for rejecting the explanation of the Appellant as there was no material that amount so withdrawn had been utilized somewhere else. The Court believed that the explanation by the Appellant was reasonable and therefore, directed that the addition so made must be deleted.

Section 148 notice invalid for reassessment initiated based on incriminating material

September 21, 2021 7320 Views 0 comment Print

On the basis of incriminating material found, once reassessment proceedings was initiated on the basis of incriminating material found in the search of 3rd party then the provisions of section 153C of the I.T. Act were applicable which exclude the application of section 147 and 148 of the I.T. Act and notice u/s. 148 of the Act and proceeding u/s. 147 are illegal and void ab initio

ITAT deletes addition for Purchase which was never made by Assessee

September 21, 2021 1050 Views 0 comment Print

Raman Sood Vs ITO (ITAT Delhi) On being seen ledger account of the seller of the goods in the relevant Financial year it is noted that there are no credits appearing in the said ledger as being no purchases from the said seller. No purchases made from the seller during the AYr. Under consideration. Evidentiary value […]

Section 153C addition based on mere Statement of 3rd party unsustainable

September 21, 2021 4983 Views 0 comment Print

Kuber Products P Ltd Vs ACIT (ITAT Delhi) Statement of 3rd party could not have been used for making an addition in the hands of the assessee in case of search U/S 153A in absence of any corroborative material Delhi High court recent celebrated decision in case of Anand Kumar Jain HUF followed and held […]

Section 271D & 271E Penalty proceedings are independent of assessment proceedings

September 20, 2021 6762 Views 0 comment Print

Penalty proceedings under section 271D or 271E were independent proceedings and had nothing to do with assessment proceedings or its outcome. Therefore, CIT(A) was not justified in cancelling the orders imposing penalty on the ground that the assessment proceedings, during the course of which, penalty u/s.271D and 271E were initiated had been held to be invalid.

Assessment on HUF not valid if HUF was not in existence

September 20, 2021 2529 Views 0 comment Print

K. Ramesh Reddy Vs ACIT (ITAT Bangalore) In this case on 30.11.2006, when the assessment was made, the HUF was not in existence. In such a case, the procedure prescribed under Section 171  will have no application as the assessee was not hitherto assessed as HUF and so, the fiction created under that section to […]

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