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No Addition u/s 40A(3) for Advance Returned Back to Customer in Cash

July 31, 2020 1470 Views 0 comment Print

The issue under consideration is whether the addition u/s 40A(3) for advance which is returned back to the customer in cash is justified in law?

No section 23 Addition of Notional Rent for Vacant Property

July 30, 2020 6126 Views 0 comment Print

The issue under consideration is whether the addition on account of notional rent in respect of vacant property is justified in law?

No addition for Cash payments in excess of prescribed limit as Assesse given undertaking for not claiming that expenditure

July 30, 2020 2163 Views 0 comment Print

whether the disallowance u/s 40A(3) of the Act for the alleged payment in cash in excess of the limit prescribed u/s 40A(3) of the Act for making payment for purchase of land is justified in law?

Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid

July 30, 2020 1395 Views 0 comment Print

ACIT Vs Shiv Vegpro Pvt. Ltd. (ITAT Jaipur) Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid AO has even not mentioned as on what account or transactions the assessee has taken the accommodation entry from Shree Ram Trading Co. It […]

Contractors Performing Work in Nature of Developer-cum-Contractor Eligible to Claim Deduction u/s 80-IA

July 30, 2020 5457 Views 1 comment Print

Patel Infrastructure Pvt. Ltd. Vs DCIT (ITAT Rajkot) The issue under consideration is whether contractors performing the work in the nature of a developer-cum-contractor are eligible to claim deduction u/s 80-IA(4) of the Income Tax Act, 1961? ITAT states that even after the amendment by the Finance Act, 2007 and the Finance Act, 2009, the […]

If Assessee Engaged in Accommodation Entries Only Commission to be Added on Estimation Basis

July 30, 2020 4065 Views 0 comment Print

The issue under consideration is whether for assessee engaged in providing accommodation entries only commission amount to be added on estimation basis or entire amount of accommodation entry to be added?

Section 254(2)- Tribunal cannot review its own order: ITAT

July 30, 2020 4140 Views 0 comment Print

If the Revenue has any grievance against the order of the Tribunal, the Revenue can go before the High Court by filing appeal u/s 260A. The Tribunal cannot recall its own order in the garb of power vested u/s 254(2) of the Act.

Section 68 Addition not Justified for Unexplained Deposit in Bank Account

July 29, 2020 12867 Views 0 comment Print

The issue under consideration is whether the AO is justified in making addition u/s 68 towards alleged unexplained deposit in the bank account in as much as a bank account is not a book of account maintained by the appellant?

No TDS on ocean freight paid to non-resident shipping companies

July 29, 2020 93684 Views 0 comment Print

Shri Suresh Khatri Vs ITO (ITAT Lucknow) Ground Nos. 1 to 3 of the appeal relate to the disallowance of Rs.6,42,437/- for non deduction of tax at source u/s 40(a)(ia) of the Act on payment of ocean freight, made to non-resident shipping companies. The assessee is a proprietary concern and engaged in the business of […]

Bogus Purchase: Addition on peal credit basis for Low Margin & Low Vat Rate Items unjustified

July 28, 2020 723 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming addition u/s 69C of the Act on account of unexplained purchases made during the year, calculated on the basis of peak credit?

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