ITAT Agra

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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Approval for reopening by observing merely ‘जी हाँ मैं संतुष्ट हूँ’ is not legally tenable

Shri Ghanshyam Vs ITO (ITAT Agra)

Shri Ghanshyam Vs ITO (ITAT Agra) In present case, the ld. Additional CIT granted the approval by observing merely that he was satisfied. Sections 147 and 148 of the IT Act, it is trite, are charter to the Revenue to reopen completed assessments. Section 151 of the Act provides a safe-guard that the sword of […]...

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Validity of Notice U/s 148 after 4 years from the end of relevant A.Y. without specifying the amount of income escaping assessment

Smt. Usha Agarwal Vs ITO (ITAT Agra)

Notice u/s 148 of the Act can only be issued if the income escaping assessment amounts to, or is likely to amount to Rs. 1 lac. Non-recording of the reason by the Assessing Officer that the escaped income was likely to be Rs. 1 lac or more was fatal to the issuance of the notice for reassessment....

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Section 234E Late Fee cannot be Levied Retrospectively

Shri Rohil Singhal Vs Shri Waseem Arshad (ITAT Agra)

This bunch of appeals for AY 2013-14 are directed against the order of ld. CIT(A), Gwalior against upholding levy of fee u/s 234E of the Income Tax Act, 1961(hereinafter short the Act)....

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Law on dedutibility of TDS on commission paid by Indian entity to foreign agents

ACIT Vs. Manufax (India) S.B. (ITAT Agra)

Addition u/s 40(a)(i) on account of non-deduction of tax on payments of commission to non-resident/foreign commission agents ignoring the facts that commission paid foreign commission agents is deemed to accrue or arise in India, which required deduction of tax as per section 195 of the I.T.Act.....

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Failure to provide document relied for reassessment makes reopening void

M/s Deepraj Hospital (P) Ltd Vs. ITO (ITAT Agra)

M/s Deepraj Hospital (P) Ltd Vs. ITO (ITAT Agra) In the case at hand, the challenge of the assessee is that since in the reasons recorded, the AO has not spelt out as to what he did with the information received by him from the Investigation Wing, the reasons are hit by the vice of non-application […]...

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Section 50C: Tenancy on a meager rent constitutes a encumbrance on property

Anuj Kumar Goswami Vs ITO (ITAT Agra)

In ‘CIT vs. Chandra Narain Chaudhri’ (supra), it was also held that the Stamp Valuation Authority does not take into consideration the attributes of the property, such as encumbrance, for determining the fair market value in case, as in the present one, it is offered for sale and is purchased. ...

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Addition made U/s. 153A merely on the basis of bank pass book are not sustainable

Nanoomal Gupta Vs. ACIT (ITAT Agra)

Because in any view, the addition made u/s 68 of Rs.10,00,000/- of amount of gifts received (Rs.5,00,000/-+ Rs.5,00,000/-) in the Assessment u/s 153A without having any adverse material, and by not appreciating the evidences on record, the addition confirmed by ld. CIT(A) is grossly unjust, arbitrary, and against the facts and law of the...

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Addition u/s 68 merely on the basis of Bank Passbook not sustainable

Nanoomal Gupta Vs. ACIT (ITAT Agra)

CIT(A) has erred in confirming the addition wrongly made under section 153A of the Act, without there being any adverse material on record against the assessee; that since the assessee had no business income, no books of account were maintained and the addition was made only on the basis of the assessee’s pass book, which is not a book ...

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