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All ITAT

Entire sales amount cannot be taxed in the hands of assessee who acted as conduit for commission

March 4, 2021 1050 Views 0 comment Print

Saket M. Jain (HUF) Vs PCIT (ITAT Ahmedabad) In the assessment framed in the case of M/s Greenwell Orchard under section 143(3) read with section 147 of the Act has been set aside by the learned Pr. CIT under section 263 on the reasoning that the entire amount of sale proceeds is unaccounted income of […]

ITAT recalled its order for failure to take into account document submitted

March 4, 2021 747 Views 0 comment Print

Paresh V. Shah Vs DCIT (ITAT Mumbai) I find that by way of this miscellaneous application it is the contention of the learned counsel of the assessee that the ITAT has felt into apparent error while upholding the disallowance of commission payment by not taking into account the document which were submitted. It is the […]

Addition for unexplained cash deposit by CIT(A) justified -ITAT Delhi

March 4, 2021 3792 Views 0 comment Print

Shri Praveen Garg Vs ITO  (ITAT Delhi) There is no dispute with regard to the legal proposition that the First Appellate Authority cannot consider new source of income. However, in the present case the A.O. reopened the assessment because it was found that there were cash deposits in several Bank accounts of the assessee which […]

ITAT directs AO to follow rule of Consistency while disallowing expenses

March 3, 2021 6597 Views 0 comment Print

Travancore Textiles P. Ltd. Vs ITO (ITAT Chennai) The Assessing Officer has assessed interest income under the head income from other sources and further disallowed total expenditure incurred at Head Office on the ground that said expenditure is relatable to agricultural operations of the assesse. We find that the Assessing Officer is following different method […]

Audited books cannot be rejected in a casual manner

March 3, 2021 1722 Views 0 comment Print

ACIT Vs M/s. Mackintosh Burn Ltd (ITAT Kolkata) The issue is whether the addition in question can be made u/s 41(1). The ld. CIT(A) has already concluded that no additions can be made u/s 41(1) of the Act. He agreed that the propositions of law cited by the assessee are in its favour and hence addition […]

Tata Steel: ITAT refuses to stay adjustment of Demand against Refund

March 3, 2021 819 Views 0 comment Print

Neither the conduct of the assessee, nor the approach of the assessee is appropriate. It is only when administrative remedies are exhausted that the assessee should approach a judicial or quasi-judicial forum. In any case, the conduct of the assessee, in not taking reasonable steps to ensure expeditious disposal of these appeals, does not impress us.

Amendment restricting Section 54 deduction to only one residential house is prospective

March 3, 2021 6522 Views 0 comment Print

Sanjiv Ahuja Vs ITO (International Taxation) (ITAT Delhi)  Deduction u/s 54 is restricted to only one residential house by the Finance Act 2014 is prospective in nature and is effective from assessment year 2015-16 and not retrospective in nature and that deduction u/s 54 of the Act in respect of investment made in one residential […]

Only profit embedded in undisclosed turnover can be brought to tax

March 3, 2021 3957 Views 0 comment Print

ITAT Jaipur ruling on undisclosed turnover. Assessing Officer’s order upheld, subject to examination of declared gross profit rate. Legal analysis here.

Memory Loss is not valid explanation for not explaining Cash Deposit Source

March 2, 2021 2523 Views 0 comment Print

Smt. Anasuya Basi Reddy Vs ITO (ITAT Bangalore) The Assessing Officer in the impugned assessment order had made addition of Rs.50,000 as unexplained cash credits in the bank account of the assessee. The said amount has been deposited in Karnataka Bank saving bank account on 07.04.2007 (cash deposit). Before the Assessing Officer, the assessee had […]

No Section 68 addition merely for Common Address & Directors

March 2, 2021 1923 Views 0 comment Print

The A.O. entirely on different reasons that there is a common Director in 03 companies and common address disbelieved the explanation of assessee. It may not be relevant criteria to decide the issue under section 68 of the I.T. Act, 1961.

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