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Non-payment of tax under Income Declaration Scheme cannot change character of income declared

October 22, 2024 1488 Views 0 comment Print

However, the assessee did not comply with the notices issued and therefore, AO completed the scrutiny assessment in the case of the assessee for the AY 2017-­18 as best judgment assessment U/s. 144 of the Act and passed the assessment order.

Reassessment u/s. 147 not justified as reasons recorded is plagued with several defects: ITAT Delhi

October 22, 2024 906 Views 0 comment Print

ITAT Delhi held that reasons recorded for exercising the jurisdiction is plagued with several defects of critical nature. Thus, due to lack of jurisdiction u/s. 147 of the Income Tax Act reassessment proceedings held as bad-in-law.

CIT(A) Must Provide Reasoned Order and Fair Hearing: ITAT Jaipur

October 22, 2024 969 Views 0 comment Print

ITAT Jaipur reviews Vimla Devi Agrotech Ltd.’s penalty appeal for non-maintenance of accounts under section 271B of the IT Act, highlighting procedural errors.

No Section 153A Additions if no Incriminating Material found during search: ITAT Jaipur

October 22, 2024 1155 Views 0 comment Print

ITAT Jaipur allowed Naval Kishore’s appeal, ruling that no additions could be made under Section 153A, as no incriminating material was found during the search.

Section 68 Addition sustained as creditworthiness of lender not proved: ITAT Visakhapatnam

October 22, 2024 714 Views 0 comment Print

ITAT Visakhapatnam held that addition under section 68 of the Income Tax Act towards unsecured loan sustained as creditworthiness of the lender not proved. Accordingly, ground raised by the assessee dismissed.

No addition for Bogus purchases if CESTAT ruled that purchases were not bogus

October 21, 2024 903 Views 0 comment Print

Once CESTAT had given a findings that the purchases in question were not bogus, then, additions proposed to be made on the basis of show-cause notice  from Central Excise Directorate had no basis which the same could be sustained.

Deduction u/s. 80IA granted unit-wise without considering profit or loss of other eligible units: ITAT Ahmedabad

October 21, 2024 786 Views 0 comment Print

Mumbai Tribunal in the case of Punit Construction Company has held that in terms of provisions of sub Section 5 of Section 80 IA, deduction has to be given unit wise without considering profit or loss of other eligible units.

Interest on refund not hit by proviso to section 244A(1)(aa) of the Income Tax Act: ITAT Ahmedabad

October 21, 2024 2028 Views 0 comment Print

ITAT Ahmedabad held that self-assessment tax paid by the assessee losses its character as self-assessment tax once it got adjusted against the tax liability determined in regular assessment.

Section 10(23C) Application Requires Re-examination Due to Lack of Material on Earlier Rejection: ITAT

October 21, 2024 711 Views 0 comment Print

The assessee is an educational institution established on 17.08.1976 by Act 43 of the 1976 of Andhra Pradesh State Legislature Act and Governed by Act 4 of Andhra Pradesh Universities Act 1991.

Proportionate computation of capital gains related to stock-in-trade sold during relevant year on conversion of capital asset into stock-in-trade

October 21, 2024 906 Views 0 comment Print

During the course of assessment proceedings, AO noticed that on verification of the return of income for the A.Y 2015-16, it was seen that the opening stock was shown at Rs.17,98,60,568/-, whereas the closing stock as per the return filed for the A.Y 2014-15 was nil.

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