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No addition for Gupt Daan’ – unexplained cash found in Religious Trust Lockers

January 9, 2025 1281 Views 0 comment Print

‘Gupt Daan’,a secret gift regarding unexplained cash in a Religious Trust locker was pertaining to RNB Temple Trust  and was already brought on record to the extent of Rs.1,79,00,000/- which was evident from the Balance Sheet submitted.

Addition u/s. 68 deleted as evidences demonstrated cash deposits were through agricultural income

January 9, 2025 1197 Views 0 comment Print

ITAT Ahmedabad held that addition under section 68 towards cash credits not justified since evidences clearly demonstrates that cash deposits and credit entries are through agricultural income. Accordingly, addition deleted and appeal allowed.

Non-granting of opportunity of being heard is against principle of natural justice

January 9, 2025 1644 Views 0 comment Print

Held that no opportunity was allowed to the assessee by the Ld. CIT(A) (NFAC) before passing this ex-parte order. Thus, the order passed by the CIT(A) is in gross violation to the principle of natural justice.

Addition u/s. 68 deleted as nature and source of credit explained: ITAT Surat

January 8, 2025 810 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act deleted since appellant has satisfactorily explained the nature and source of the credit. Accordingly, appeal allowed and addition deleted.

Interest on compensation taxable under income from other sources: ITAT Delhi

January 8, 2025 2469 Views 0 comment Print

ITAT Delhi held that the interest on compensation or on enhanced compensation cannot be considered as compensation and shall be chargeable to tax under the head income from other sources. Accordingly, appeal dismissed.

Reassessment beyond 3 years for escaped income less than 50 Lacs impermissible: ITAT Mumbai

January 8, 2025 25482 Views 0 comment Print

ITAT Mumbai held that reopening of assessment under section 148 of the Income Tax Act beyond 3 years liable to be quashed as escaped income is less than INR 50,00,000. Thus, notice issued u/s. 148 quashed.

Penalty u/s 271(1)(b) or 272A(1)(d) for initial AY was upheld and for remaining six AY’s was deleted

January 8, 2025 3921 Views 0 comment Print

Search action was carried out on residential premises of assessee. Several incriminating documents were found and seized. Assessee was issued with notice to file Income Tax Return and seeking details for seven assessment years within 5 days.

Non-granting of accumulation of income u/s. 11(2) unsustainable since delay in Form 10 condoned

January 8, 2025 612 Views 0 comment Print

ITAT Bangalore held that non-granting of accumulation of income under section 11(2) due to delay in filing Form 10 not justified since delay was condoned by appropriate authority. Accordingly, appeal allowed in favour of assessee.

Tax effect is less than 60 Lakh in appeal by revenue: ITAT held not maintainable

January 8, 2025 717 Views 0 comment Print

It was submitted of behalf of assessee that the appeal filed by the Revenue is hit by recently issued CBDT Circular No.09 of 2024 dated 17.09.2024 revising the previous thresholds pertaining to tax effects.

Non-mentioning of charge or non striking of irrelevant clauses in the notice-ITAT held penalty notices ambiguous and vague

January 8, 2025 723 Views 0 comment Print

In the matter abovementioned ITAT Delhi vitiated penalty proceedings after examining that non mentioning of charge for which penalty is to be levied makes the notice as much defective as non striking of irrelevant clauses in the notice.

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