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Mentioning wrong PAN number of deceased person, is not a curable defect: ITAT Delhi

December 27, 2024 5031 Views 0 comment Print

The assessee has received Rs. 2,54,24,007/- as interest on enhanced compensation from HUDA after the compulsory acquisition of the agriculture land of the assessee, on which TDS @10% was also deducted.

Rectification order made simultaneously must be given effect: ITAT reduces income

December 27, 2024 507 Views 0 comment Print

Even after the submission CIT (A) ignored the fact and upheld the addition amounting to Rs. 32,00,000/- not at Rs. 18,50,000/- which was result of rectification order passed by the AO.

When assessee challenges stamp duty valuation, AO duty-bound to rely on DVO valuation: ITAT Ahmedabad

December 27, 2024 963 Views 0 comment Print

In a recent ruling Delhi HC remanded the proceedings to the AO to consider the Assessee’s alternate claim for loss arising out of the HTM securities, as loss under the head ‘income from business and profession.

Assessee not well versed with tax proceedings failed to furnish documents before AO hence matter restored

December 27, 2024 1281 Views 0 comment Print

ITAT Ahmedabad held that since the assessee, being an agriculturist was not well versed with tax proceedings, was unable to file required documents against addition on account of unexplained cash credit u/s. 69A of the Income Tax Act before AO.

Addition u/s. 69C towards cash payment deleted since source of cash already taxed: ITAT Mumbai

December 27, 2024 1470 Views 0 comment Print

ITAT Mumbai held that once the source of cash is taxed, it cannot be further taxed as unexplained cash expenditure. Hence, addition under section 69C of the Income Tax Act for cash payments deleted.

Denial of registration u/s. 12A and 80G without considering reply not tenable: ITAT Delhi

December 27, 2024 1863 Views 0 comment Print

ITAT Delhi held that cancellation of provisional registration u/s. 12A and 80G of the Income Tax Act as well as denial of final registration by CIT(E) without considering reply furnished by the assessee is violative of principles of natural justice.

Matter was remanded back with respect to addition of Rs. 21.98 Lakhs as Unexplained Deposit u/s 69A

December 26, 2024 726 Views 0 comment Print

Since the reason for the delay seemed genuine, it was condoned. It was held that assessee had not given the explanation as to why assessee did not appear before AO and file the details of source of the deposits within the stipulated time.

TDS credit can be allowed for receipt but only for relevant AY: ITAT Surat

December 26, 2024 1041 Views 0 comment Print

The Surat Bench of ITAT allowed the appeal for statistical purpose which means that ITAT uphold the decision of CIT (A) but without any real impact on the case. It allowed TDS credit of the of Rs.4,50,000/- but in AY 2018-19 whereas it was claimed in AY 2016-17.

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.

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