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Notice issued by officer having no jurisdiction of assessee is null & void

February 3, 2021 8448 Views 0 comment Print

Bhagyalaxmi Conclave Pvt. Ltd. Vs DCIT (ITAT Kolkata) In the remand report, the AO clearly stated that notice u/s 143(2) of the Act was issued by DCIT, Circle-1, Kolkata. The ld. D/R could not controvert the contention of the assessee that no notice u/s 143(2) of the Act was issued by the DCIT-13(1), Kolkata, who […]

SEZ developer eligible for Section 80IAB deduction on Leasing Income

February 3, 2021 8586 Views 0 comment Print

DCIT Vs DLF Assets Pvt Ltd. (ITAT Delhi) The assessee is without doubt a Developer of a SEZ, having been in fact allowed deduction u/s.80-IAB on it’s other income/s, as from service agreements, chargeable u/s. 28. That the said income is assessable as business income, and only rightly so, inasmuch as the source thereof is […]

Reopening without bringing any fresh material on record is invalid

February 2, 2021 1137 Views 0 comment Print

DCIT Vs Jateen Madanlal Gupta (ITAT Ahmedabad) On perusal of the reasons recorded by the AO, we find that the AO at the threshold has recorded that it is seen that the assessee is having substantial share in ‘JPIL’ which has advanced loan to the companies namely M/S Gujarat Mall Management Pvt. Ltd, and M/S […]

PF & ESI contribution allowable if Paid before Tax return due date

February 2, 2021 2700 Views 0 comment Print

Shishir Kumar Das Vs DCIT (ITAT Hyderabad) Decision of the Hon’ble Supreme Court in the case of CIT vs. Alom Extrusions Ltd is applicable to both the employer as well as employee’s contribution to Provident Fund and ESI and if the assessee has not remitted the amount collected from the employees before the due date […]

No addition for duly supported Cash Gift from Relatives

February 2, 2021 4203 Views 0 comment Print

Sheela Yogi Vs ITO (ITAT Jaipur) Once the summons have been issued and these persons have appeared and given their statements before the AO wherein they have confirmed that they have advanced the amount to the assessee towards purchase of the agricultural land and has also disclosed the source of their earnings/savings, the assessee has […]

Market Linked Focus Product Scrip (MLFPS) is a capital receipt

February 2, 2021 3435 Views 0 comment Print

Bharat Rasayan Ltd. Vs ACIT (ITAT Delhi) We have also examined the para no. 3.15.3 of the scheme document of the Foreign Trade Policy of Government of India, Ministry of Commerce and Industry wherein it was specified that market linked focus products scripts (MLFPS) is meant for export of products of high export intensity employment […]

Reopening based on investigation wing info without independent application of mind by AO was invalid

February 2, 2021 4293 Views 0 comment Print

R.S. Shares & Securities Ltd. Vs ITO (ITAT Delhi) It is well settled law that validity of the reassessment proceedings is to be determined on the basis of the reasons recorded for reopening of the assessment. Copy of the same is filed at pages 2 to 4 of the Paper Book. The AO in the […]

ITAT confirms addition for cash deposited during demonetization

February 1, 2021 2511 Views 0 comment Print

Leela Devi Vs ITO (ITAT Delhi) It is not in dispute that assessee made cash deposit of Rs. 15 lakhs in her bank account during demonetization period. The assessment year under appeal is 2017-18 and the assessee deliberately filed the return of income belatedly on 25.03.2018. The assessee explained before AO the source of the […]

AO cannot reject Valuation report for non-filing of the same during Original or Revision Proceedings

February 1, 2021 1443 Views 0 comment Print

Sakthi Textiles Ltd Vs DCIT (ITAT Chennai) Coming back to observations of the Assessing Officer regarding valuation report. The Assessing Officer never stated that assessee has not filed valuation report in support of fair market value of shares. In fact, Assessing Officer has categorically admitted that assessee has filed valuation report from independent Chartered Accountant […]

Reopening on Estimate Based on Vague Information Is Not Valid

February 1, 2021 3219 Views 0 comment Print

Vikas Chowdhary Vs ITO (ITAT Delhi) It is well settled law that validity of the reassessment proceedings is to be determined on the basis of the reasons recorded for reopening of the assessment. The reasons are reproduced above. The AO as per NMS information which was pushed into the ITD system came to know that […]

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