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Addition cannot be made on the basis of mere diary jottings

February 22, 2021 4740 Views 0 comment Print

D.S. Suresh vs ACIT (ITAT Bangalore) In the present case, the addition is based on the diary jottings found during the course of search action in the case of RNSIL on 16.02.2012. We have carefully gone through the diary jottings recorded earlier part of this order. It contains the entry No.5 – MLA Tarikere Rs.27 […]

If books of Accounts are rejected than estimation of Income is justified

February 22, 2021 1638 Views 0 comment Print

Once the books of account of assessee were rejected for want of supporting vouchers and details then the income of assessee was required to be estimated thus, there were no error or illegality in the impugned order of CIT(A) in estimating the income of assessee by applying N.P. at 1% which was a reasonable and justified.

Amount advanced in earlier year and received back in current year cannot be treated as unexplained cash credit

February 22, 2021 2319 Views 0 comment Print

JCIT Vs Radhe Developers (India) Ltd. (ITAT Ahmedabad) In the case on hand, the assessee has received a sum of Rs. 3.59 crore from Shri Kanjibhai Desai which was treated as unexplained cash credit under section 68 of the Act by the AO. However, the learned CIT (A) was pleased to delete the addition made […]

Section 54F exemption eligible on residential house in daughter’s name

February 22, 2021 7497 Views 0 comment Print

We are of the opinion that the assessee has invested the sale consideration on transfer of Capital Asset in purchasing a new residential property in the name of Smt. Shailaja J who is being married widowed dependent daughter of the assessee and also legal heir of the assessee. Accordingly, we direct the Assessing Officer to grant exemption u/s. 54F of the Act on the amount invested in purchase of residential house in his daughter’s name.

TDS not deductible on EDC charges- section 271C Penalty not leviable

February 20, 2021 6429 Views 0 comment Print

M/s Perfect Constech Pvt. Ltd. Vs ACIT (ITAT Delhi) Penalty not leviable for non deduction of TDS under section 271C for EDC charges paid to HUDA as it is non statutory contractual liability It is seen that in Para 4.3.2, subparagraph (iv) of the order passed u/s 271C of the Act, the AO has himself […]

Section 68 addition cannot be made for duly explained credits

February 20, 2021 8448 Views 0 comment Print

ITO Vs Sh. Sunil Nayyar (ITAT Delhi) In the instant case, the AO has not pointed out any accounting defects in the books of accounts. Rather he is summarily ignored the books of accounts but has proceeded to invoke section 145(3) which is bad in law.” 14. The ld. CIT (A) held that there is […]

Section 115JB: Receipt not in nature of income, cannot be included in book profits

February 20, 2021 3672 Views 0 comment Print

Batliboi Limited Vs DCIT (ITAT Mumbai) Issue regarding non-taxability of Rs.4,27,43,000/- by treating the same as capital receipt for the purpose of Section 115JB of the Act though not claimed before the lower authorities by the assessee, is being claimed for the first time before this Tribunal. We find that this is purely a legal […]

No Change of Opinion if facts related to deemed consideration U/s. 50C been overlooked

February 19, 2021 996 Views 0 comment Print

Rakesh Ambalal Patel Vs ITO (ITAT Ahmedabad) We have perused the assessment order and the order of the CIT(A) as well as the materials placed on record and referred to in terms of Rule 18(6) of the Income Tax (Appellate Tribunal) Rules, 1963. On perusal, we observe that at the time of original assessment proceedings, […]

Exemption u/s 10(23C)(iiiae) cannot be denied to Mobile Hospitals

February 19, 2021 5346 Views 1 comment Print

Sushila Birla Memorial Institute Vs ITO (ITAT Kolkata) There is no dispute of the fact that the assessee Trust exists solely for philanthropic purposes and not for the purpose of profit. There is also no dispute of the fact that the annual receipts of the assessee do not exceed the amount prescribed. The only issue […]

ITAT further extends stay on demand of Sony Pictures

February 19, 2021 789 Views 0 comment Print

Sony Pictures Networks India Private Limited Vs ACIT (ITAT Mumbai) By means of this stay application, the appellant seeks to get extension of demand amounting to Rs.71,12,41,378/- already stayed by the Tribunal for the assessment year 2010-11, till the disposal of appeal. The Ld. counsel for the appellant submits that the Tribunal vide its order […]

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