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Share Application Money Cannot Be Deemed Unexplained Income Without Substantive Evidence

March 7, 2025 825 Views 0 comment Print

ITAT Ahmedabad held that addition, treating share application money as unexplained income, based on surmises and conjectures without making proper verification of facts with relevant materials and evidences is not sustainable in law.

Co-op Bank is entitled to get deduction for Depreciation on AFS Investments

March 6, 2025 1152 Views 0 comment Print

ITAT Pune allows Karad Urban Co-Op Bank to claim depreciation on AFS investments as per RBI guidelines, following judicial precedents favoring cooperative banks.

Section 69A not invocable when cash sourced out of recorded debtors: ITAT Chennai

March 6, 2025 1248 Views 0 comment Print

ITAT Chennai held that when cash is sourced out of recorded debtors, provisions of section 69A of the Income Tax Act could not be invoked. Accordingly, addition u/s. 69A is not sustainable in law.

Interest Income from employee loans was to be treated as Business Income not Income from Other Sources

March 6, 2025 636 Views 0 comment Print

Interest income earned from staff loans and advances was incidental to the business of power generation and qualifies as “business income” by relying on the judgment of the Hon’ble Orissa High Court in Odisha Power Generation Corporation Ltd.

Addition u/s. 2(22)(e) untenable as trade advances cannot be characterized as loans or advance

March 6, 2025 735 Views 0 comment Print

ITAT Hyderabad held that trade advances, in the nature of commercial transactions, cannot be characterized as ‘loans or advance’ constituting deemed dividend within the meaning of section 2(22)(e). Thus, addition towards deemed dividend untenable.

Addition for capital contribution from partners not sustained as identity of partners and genuineness of transaction established

March 6, 2025 867 Views 0 comment Print

M/s. GRR Holdings is a firm was incorporated on 31.01.2014 with two partners Shri Gaddam Shyam Prasad Reddy & Shri Syed Fayaz Mohammed. The main objective of the partnership firm is to carry on real estate business.

Issue of reopening notice u/s. 148 by ACIT-Jaipur illegal as jurisdiction lies with ITO-Delhi

March 6, 2025 891 Views 0 comment Print

ITAT Jaipur held that issuance of notice under section 148 of the Income Tax Act by ACIT, Jaipur, is illegal and liable to be quashed since ITO-Delhi has jurisdiction over the case of the assessee. Accordingly, order of CIT(A) set aside.

Reopening assessment without controverting explanation of assessee is bad-in-law: ITAT Kolkata

March 6, 2025 1170 Views 0 comment Print

ITAT Kolkata held that reopening of assessment framed u/s. 148A(d) without application of mind and without controverting the explanation of the assessee is bad in law and is accordingly being quashed. Thus, appeal of the assessee allowed.

Section 292C’s presumption applies only to person from whom documents seized

March 6, 2025 2205 Views 0 comment Print

ITAT Delhi deletes additions against Sanmati Jewellers due to lack of corroborative evidence and delay in 153C proceedings. Read key observations and case laws.

Mere ‘Managing Director’ designation not establishes Employment Relationship

March 6, 2025 3681 Views 0 comment Print

ITAT Chennai ruled in favor of Jayaram Rangan, holding that consultancy fees received as a Managing Director should be taxed as professional income, not salary.

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