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Matter of addition based on low net profit remanded to re-examine books of account

December 26, 2024 429 Views 0 comment Print

During the course of survey proceedings, the statement of one of the partners of the firm Mr. Zinu, was recorded, who had stated that he earns commission @ 5.5% from M/s Shapoorji Pallonji for supply of manpower.

Order passed u/s. 263 without discussing or rebutting arguments of assessee not sustainable: ITAT Ahmedabad

December 26, 2024 636 Views 0 comment Print

PCIT was of the view that the export incentives and other income claimed by the assessee were not eligible for the exemption u/s. 10AA. PCIT was of the view that the assessee had claimed excess exemption under Section 10AA by a sum of Rs. 7,08,83,828.

Interest u/s. 234A leviable till date of payment of tax liability and not till date of filing of ITR

December 26, 2024 1956 Views 0 comment Print

ITAT Delhi held that interest under section 234A of the Income Tax Act is leviable from the first date immediately following the due date till the date of full discharge of entire tax liability. Interest u/s. 234A has no relevance of date of filing of ITR.

Non-granting of registration u/s. 12AB as objective has element of commerciality not justified

December 26, 2024 387 Views 0 comment Print

The assessee-company incorporated u/s 8 of the Companies Act, 2013 claiming to be for charitable purpose, applied to CPC for grant of provisional registration u/s 12AB and provisional approval u/s 80G, which were granted by CPC.

Disallowance due to delayed payment of employees’ contribution to PF and ESIC justified

December 26, 2024 1404 Views 0 comment Print

After the receipt of intimation, the assessee found mistake in the Tax Audit Report in which the Tax Auditor has mistakenly filled the due date of payment in column of actual date of payment and vice-versa.

Interest from co-operative bank eligible for deduction u/s. 80P: ITAT Nagpur

December 26, 2024 819 Views 0 comment Print

ITAT Nagpur held that interest income earned by co-operative society from its investments made with other co-operative bank is eligible for deduction under section 80P(2)(a)(i) of the Income Tax Act. Accordingly, appeal of the assessee allowed.

Penalty u/s. 271E in absence of any repayment of loan not leviable: ITAT Kolkata

December 26, 2024 753 Views 0 comment Print

ITAT Kolkata held the penalty under section 271E of the Income Tax Act not leviable since in the present case there was no repayment of loan received from the members but it was loan disbursed to members. Accordingly, revenue appeal dismissed.

Notice u/s. 153C beyond six years prior to relevant searched A.Y. is non-jurisdictional

December 26, 2024 1239 Views 0 comment Print

Search was conducted in the case of Sunstar Group on 19.12.2013. Based on the material found, notice u/s. 153C of the Income-tax Act, 1961 was issued on 20.01.2016. He submitted that the deemed search for the purpose of section 153C is AY 2016-17.

Addition in assessment u/s. 153C in unabated years without incriminating material not sustainable

December 26, 2024 918 Views 0 comment Print

ITAT Delhi held that it is well settled principle of law that no addition can be made in unabated years in assessment u/s 153C of the Income Tax Act without any incriminating material. Accordingly, appeal filed by the revenue dismissed.

Delay of 244 days due to genuine hardship faced by assessee condonable: ITAT Ahmedabad

December 26, 2024 807 Views 0 comment Print

ITAT Ahmedabad held that delay of 244 days in filing of an appeal caused due to genuine hardship faced by the assessee is condonable. Accordingly, delay condoned due to bona fide reason being demonstrated.

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