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ITAT Amritsar

Revenue Authority has no power to go beyond jurisdiction of order of ITAT

November 17, 2022 738 Views 0 comment Print

Malwa Coop. L & C Society Ltd. ITO (ITAT Amritsar) In this case Hon’ble ITAT already determined the turnover, and the direction was made accordingly. Also related to deduction u/s 80P(2)(a)(vi) specific direction was made by the Hon’ble ITAT in its order dated 13.10.204 in ITA No. 483/Asr/2014. ITAT heard the rival submissions and relied […]

Partners not liable to pay tax on remuneration on which tax already paid by firm

November 17, 2022 4461 Views 0 comment Print

The general prudence of the law is that the same income cannot be taxed twice. On other hand, the partners are not liable to pay tax on the remuneration which was already paid by the firm in its return of income.

Income Tax Reassessment invalid if AO failed to obtain requisite sanction u/s 151 from Pr. CIT

November 17, 2022 912 Views 0 comment Print

Income Tax Reassessment invalid if A.O having jurisdiction over the case of the assessee had failed to obtain the requisite sanction u/s 151 of the Act from the Pr. CIT qua his ‘reasons to believe’

AO cannot calculate cost of acquisition on the basis of his own assumption

November 17, 2022 1503 Views 0 comment Print

Assessing authority had passed the order beyond his jurisdiction by calculating the cost of acquisition on basis of his own assumption.

Addition of income not connected with recorded reasons for reassessment proceedings is erred in law

November 10, 2022 2013 Views 0 comment Print

ITAT Amritsar held that reassessment proceedings initiated on recorded reasons on belief that the specific income has escaped assessment, however, addition on some other income not having any connection with the recorded reason is erred in law.

Cash Deposit & withdrawals of equal amounts – ITAT allows telescoping benefit

November 4, 2022 9582 Views 0 comment Print

AO made additions on ground that cash deposited in bank account was more than total turnover declared by assessee, since assessee furnished bank statements which showed that there were deposits and withdrawals of almost equal amounts and AO failed to give any findings regarding said withdrawals, assessee deserved to get benefit of telescoping and thus, addition was unjustified

Cash deposits to show higher income for VISA – ITAT restricts addition to Peak Credit

November 4, 2022 1059 Views 0 comment Print

Revenue could not controvert the fact that there has been frequent deposits and withdrawals by the assessee out of his saving bank account. No evidence is available on record suggesting that the money as withdrawn by the assessee was used for any other purpose.

No TDS on discount on Sale of Prepaid SIM Card to Distributors

August 26, 2022 948 Views 0 comment Print

Dickson Electronics Vs ITO (ITAT Amritsar) It is seen, that the judicial view of the various High Courts is divergent regarding the deductibility or otherwise of tax on discount allowed to distributor on sale of prepaid Sim Card. However, there is no decision by the Hon’ble Jurisdictional High Court, either way. That being so, all […]

Time barred Section 115JB effect cannot be given by way of appeal effect

August 8, 2022 1569 Views 0 comment Print

G. E. Conductors Pvt. Ltd Vs ACIT (ITAT Amritsar) Admittedly, while framing the assessment vide order u/s 143(3) dated 21/3/2014, the assessing officer did not make any reference to section 11 5JB or give any working of section 11 5JB either in the assessment order or the accompanying documents (APB, Pg. 3 to 10). In […]

Usurpation of jurisdiction by AO to reopen assessment is legally untenable

August 1, 2022 621 Views 0 comment Print

Srijal Gupta Vs ITO (ITAT Amritsar) After a thoughtful observation of the fact of the case we decided that the reopening was made u/s. 148 related to purchase of property amount to Rs.9,53,750/-. But after completion of assessment, the ld. AO had accepted the assessee’s investment and had not added any amount related to source […]

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