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Section 41(1): ITAT deletes addition as Assessee submit evidence of non-Cessation Liabilities

January 23, 2025 1251 Views 0 comment Print

ITAT Kolkata upholds CIT(A)’s decision to delete ₹3.92 crore additions under Section 41(1), ruling no cessation of liabilities in AY 2014–15 for Shreekrishan Goswami.

Gross margin profit addition in motor spirit business restricted to 5%: ITAT Panaji

January 23, 2025 387 Views 0 comment Print

Assesse being a partnership firm, engaged in the business as dealer in petroleum products who filed its return at Rs.3,00,950/-. Subsequently the case was selected for limited scrutiny.

Deduction u/s 54F allowed on house purchased in wife’s name: ITAT

January 23, 2025 1617 Views 0 comment Print

In the case abovementioned ITAT have held that there is no need to purchase residential property in own name by any assesseee for the purpose of claim of capital gain u/s 54F.

ITAT Remands Case to AO for Reconsideration After Assessing Assessee’s Personal Issues

January 23, 2025 825 Views 0 comment Print

ITAT Kolkata remands case of Prakash Bhalotia to AO for fresh order, citing lack of opportunity to present evidence in AY 2017–18 case of unexplained cash deposits.

ITAT Kolkata Dismisses Penalty Appeal as Withdrawn Under Vivad Se Vishwas

January 23, 2025 786 Views 0 comment Print

Raj Kumar Agarwal HUF’s appeal against penalty under Section 271(1)(c) dismissed as withdrawn under the Vivad Se Vishwas Scheme, 2024.

No proper opportunity before AO: ITAT remanded back the matter

January 22, 2025 984 Views 0 comment Print

Assessment was completed at income of Rs.1,23,18,612/- against the returned income of Rs.3,76,740/- on account of unexplained cash deposited in the bank accounts amounting to Rs.1,19,41,872/-.

Addition u/s. 68 deleted as identity and creditworthiness of share capital investor established

January 22, 2025 612 Views 0 comment Print

ITAT Kolkata held that CIT(A) rightly deleted addition under section 68 of the Income Tax Act since identity and creditworthiness of share purchased duly explained. Accordingly, appeal of revenue dismissed.

Surcharge not leviable when income is less than Rs. 50 Lakhs: ITAT Kolkata

January 22, 2025 942 Views 0 comment Print

ITAT Kolkata held that the surcharge is leviable only when the amount of income tax is computed where the total income exceeds Rs.50 lakhs. Here, surcharge is not leviable since income is less than Rs. 50 Lakhs. Accordingly, appeal allowed.

Undisclosed 0.15% Commission on Accommodation Entries Added: ITAT Kolkata

January 22, 2025 933 Views 0 comment Print

ITAT Kolkata held that undisclosed commission income on accommodation entries to be added @0.15% instead of 1%. Accordingly, AO directed to compute the rate the commission @0.15% and not 1%.

No further addition required when cash in books are more than physical cash: ITAT Jaipur

January 22, 2025 1170 Views 0 comment Print

ITAT Jaipur held that when the cash found in books are more then physically found no further addition is required to be made in the hands of the assessee. Accordingly, addition towards unexplained cash set aside.

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