ITAT Agra

Cash advance against property cannot be treated as undisclosed money on mere conjectures & hypothesis

Shri Om Prakash Singh Vs ACIT (ITAT Agra)

Shri Om Prakash Singh Vs ACIT (ITAT Agra) When we test the explanation of the assessee in the light of evidences available on records and the precedents governing the issue, we find that identity of the Company who has advanced money to the assessee is proved beyond doubt. There can be hardly any dispute regarding […]...

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Project completion method cannot be rejected merely because ICAI guidelines prefer percentage completion method

M/s Shanti Constructions Vs ITO (ITAT Agra)

We find that the issue in question, before us, is to decide whether there is any merit in rejection of books of account of the assessee by the AO and the applicability of method of accounting in the case of the assessee i.e. project completion method of accounting as adopted by the assessee vis a vis percentage completion method of accoun...

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CIT(E) cannot examine Income application during Trust Registration U/s. 12AA

Fateh Chand Trust & College Committee Vs CIT (Exemption) (ITAT Agra)

Fateh Chand Trust & College Committee Vs CIT (Exemption) (ITAT Agra) Department Can Examine Only Object of the Trust and Not Application of Income at the Time of Granting of Registration of Trust FACTS – Assessee is society, engaged in running and maintenance of Fateh Chand Inter College. College is fully aided by UP Government [&he...

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Non service of notice U/s 148 to LRs renders Assessment null and void

Shanta Kapoor Vs ACIT (ITAT Agra)

Shanta Kapoor Vs ACIT (ITAT Agra) If AO omits to issue notice under section 148 of Income Tax Act, 1961 to all legal representative (LRs) of deceased assessee, the reassessment would be null and void. Assessee ‘deceased’ had 3 legal heirs, two being sons and one daughter. The AO had not issued notices to all the […]...

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S. 241(1)(c) Penalty cannot be imposed for merely for Rejection of Registration by RBI

Farrukhabad Investment (India) Ltd Vs DCIT (ITAT Agra)

Farrukhabad Investment (India) Ltd Vs DCIT (ITAT Agra Third Member) The Id. DR cited several reasons, which, in his opinion, justified imposition of penalty, such as,. the RBI rejecting the application for registration of NBFC; names and addresses of the depositors not available; no books of account or vouchers available; a qualification ...

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Relief U/s. 89 available in respect of any arrear related to a Perquisite

Rajesh Kumar Vs. ACIT (ITAT Agra)

Rajesh Kumar vs. ACIT (ITAT Agra) Section 17(1) defines ‘salary’ and ‘perquisite’ separately for the purposes of sections 15 and 16. Section 15 is the charging section qua income from salary, whereas section 16 deals with deduction there-from. Section 17(1)(iv) says that ‘salary’ includes, inter alia, perquisites. Relief u/s 8...

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TDS on Commission paid to NRs for services rendered outside India not become deductible for mere withdrawal of circular

ACIT Vs Nuova Shoes (ITAT Agra)

It is not disputed that that the withdrawal of the Circulars No. 23 and 786 has been made on 22-10-2009 vide CBDT Circular No. 7 of 2009 and mere withdrawal of the circular does not negate the principles of income deemed to accrue or arise in India or outside India. ...

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Contributions cannot be treated as Anonymous If Name & Address of Donee is Available

Dhirendra Pal Singh Institute Vs JCIT (ITAT Agra)

Dhirendra Pal Singh Institute Vs JCIT (ITAT Agra) The receiver of the donations has maintained the register of donors indicating the names and addresses of the donors and their identity as well in the form of Voter Card, Bank account, etc. The CIT (A) has found and opined in his order that these donations have been […]...

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Registration U/s. 12AA cannot be denied for non-filing of books & vouchers

B.S.A. College Vs CIT (ITAT Agra)

B.S.A. College Vs CIT (ITAT Agra) Under section 12AA, CIT (E) was entitled to see as to whether objects of assessee were charitable in nature, and also whether activities were genuine or not. Examination of genuineness of activities would mean to see that activities were not by way of camouflage or bogus or artificial and […]...

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Profit / Loss from Trading in currency derivatives cannot be treated as Speculative

Nand Nandan Agrawal Vs Dy. CIT (ITAT Agra)

Because on due consideration of facts, circumstances of the case more particularly in view of the fact that transactions in currency derivatives made by the assessee which were all supported by time-stamped contract notes conducted at the floor of recognized stock exchange resulting into loss of Rs. 1,709,121, learned 'CIT (Appeals) has e...

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