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ITAT Bangalore

ITAT upheld section 68 addition for unexplained cash Scrap Sale

October 4, 2022 1752 Views 0 comment Print

In our opinion, the assessee is having no explanation with regard to generation of scraps and sale of the same. In our opinion, it is only a make-believe story so as to account the unaccounted cash generation by assessee. In view of this, we do not find any merit in the argument of the learned Counsel for the assessee.

Declared additional income taxable as business income & not deemed income

October 3, 2022 1680 Views 0 comment Print

ITAT Bangalore Held that declared additional income offered to tax as business income is sustainable when the only source of income is business income. Hence, the provisions of section 115BBE cannot be invoked to tax the income as ‘deemed income’.

No late fees under section 234 E of IT Act,1961 on TDS default before 01/06/2015

October 3, 2022 1113 Views 0 comment Print

Fee u/s. 234E for filing TDS returns belatedly could not be levied prior to 01/06/2015 as there was no machinery provision of sec. 200A .

Deletion of unexplained investment without verification of books of account is untenable

October 1, 2022 858 Views 0 comment Print

ITAT Bangalore held that deletion of unexplained investment without verifying the reflection thereof in the books of accounts and also without verifying consolidated statement of accounts is untenable in law. Matter remanded to verify the books of accounts

ITAT allowed section 115BAA benefit as CIT(A) wrongly concluded that assessee not filed return of income

September 28, 2022 3156 Views 0 comment Print

Ujjivan Small Finance Bank Vs ADIT (ITAT Bangalore) In this case The CIT(A) had denied the benefit of lower tax rate u/s 115BAA of the I.T. Act for the reason that the assessee has not filed the return of income on or before the due date specified u/s 139(1) of the I.T. Act. In this […]

No tax on insurance premium if section 80C deduction was not claimed

September 28, 2022 2853 Views 0 comment Print

Assessee in respect of premium paid to insurance company could not be brought to tax subject to the fact that assessee should not avail deduction u/s 80C of Act in respect of premium paid towards that insurance policy.

Section 263 order justified if AO failed to enquire source of cash deposits

September 27, 2022 882 Views 0 comment Print

Asha Devi Vs PCIT (ITAT Bangalore) In the present case, limited scrutiny was to be done for verification of cash deposits and the source of cash deposits from the safe custody account is not examined by the AO by calling for relevant details from the assessee. The AO ought to have examined the same to […]

Assessment Order could not be void in case if it was passed by AO in contravention of the mandate laid down in sec 245R(2)(i)

September 12, 2022 1980 Views 0 comment Print

Think and Learn Private Limited Vs PCIT (ITAT Bangalore) Conclusion: An assessment order passed by an Assessing Officer, deciding on an issue pending before the AAR, in contravention of the mandate laid down in Section 245R(2)(i) of the Income Tax Act, 1961, would not make the entire assessment order void. Held: PCIT, under section 263  […]

TDS u/s 195 not deductible on payment of training fees

September 9, 2022 33846 Views 0 comment Print

Held that the training fee paid by the assessee to a professional trainer doesn’t amount to Fees for Technical Services and hence TDS u/s 195 not deductible

Initiation of proceedings u/s 201(1) beyond four years is time barred

September 9, 2022 3888 Views 0 comment Print

Held that show cause notice to initiate proceedings u/s. 201(1) is issued on 20.11.2012 which is beyond four years with respect to assessment years 2007-08 & 2008-09. Accordingly, interest levied u/s 201(1A) unsustainable.

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