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Additional evidence having direct bearing on all additions/ disallowance taken on record: ITAT Surat

October 23, 2024 369 Views 0 comment Print

ITAT Surat held that considering the veracity of evidence, additional evidence filed by the assessee is essential and has direct bearing on all the additions/ disallowance, hence, all the additional evidence are taken on record. Accordingly, matter restored back.

Allotment letter given by developer construed as agreement of purchase: ITAT Kolkata

October 23, 2024 669 Views 0 comment Print

ITAT Kolkata held that allotment letter given by the developer to the assessee way back in 2010 would be construed as an agreement of purchase between the developer and the assessee. Thus, addition u/s. 56(2)(vii)(b) of the Income Tax Act not survived.

Issue of Section 80IA(4) Deduction for Sub-Contracted Project Profits Restored to AO

October 23, 2024 426 Views 0 comment Print

AO without going through the terms and conditions of each of the project that had been undertaken by assessee during the year had come to the conclusion that assessee was a works contractor and not a developer.

No reassessment on basis of invalid notice u/s 148, deleted additions of 6.93 Crores

October 23, 2024 2139 Views 0 comment Print

Reassessment initiated under an invalid notice issued under Section 148 as there was no new material with AO after four years that the assessee had escaped assessment, therefore, additions amounting to ₹6.93 crores was deleted.

No Due Date for Employee’s NPS Contribution under PFRDA Act: ITAT Ahmedabad

October 23, 2024 1287 Views 0 comment Print

ITAT Ahmedabad held that PFRDA Act, 2013 doesn’t prescribed any due date for payment of employee’s contribution to National Pension Scheme (NPS). Thus, since payment is made before filing return u/s. 139(1), the same is allowable u/s. 43B(b) of the Income Tax Act.

Incorrect ITR Entry Led to Disallowance: ITAT Remands Case for Fresh Adjudication

October 23, 2024 213 Views 0 comment Print

The disallowance occurred due to an incorrect entry in the ITR, and the matter should be reassessed, taking into account the correct disclosure of the loss.

No section 68 addition on account of unaccounted cash receipts without corroborative evidences

October 23, 2024 1011 Views 0 comment Print

The evidences relied upon by AO in the form of excel sheets did not constitute adequate evidence to draw adverse inference against tassessee, in the absence of any other corroborative evidences.

Deduction u/s 80P was allowable on interest and dividend income earned from Cooperative Banks

October 23, 2024 1020 Views 0 comment Print

Since cooperative banks were considered cooperative societies for the purpose of Section 80P(2)(d), thereby making assessee’s interest and dividend income eligible for deduction.

No addition u/s 68 of ₹2.30 Crore as assessee had duly discharged burden of proof of share transactions

October 23, 2024 645 Views 0 comment Print

Assessee was a private limited company registered as a non-banking finance company (NBFC) with the RBI, engaged in providing loans, advances, and dealing in shares and securities.

Cash deposit during demonetization accepted as per circular no. 3 of 2017: ITAT Surat

October 23, 2024 1485 Views 0 comment Print

The case of the assessee was selected for scrutiny for the reasons of cash deposit during the demonetization. During assessment, AO noted that assessee have made cash deposit of Rs.10,50,000/- in his bank account.

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