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ITAT Amritsar

CIT(A) cannot confirm Findings of AO without Examining Documentary Evidences filed by Assessee

June 28, 2022 699 Views 0 comment Print

Dive into Smt. Rani appeal against the addition of Rs. 611,000 as unexplained cash deposit. Detailed analysis of the ITAT Amritsar order and its implications.

Addition for cash deposit – ITAT directs AO to consider submission of Assessee

June 28, 2022 1014 Views 0 comment Print

Explore the Harpreet Singh Grover vs. ITO case at ITAT Amritsar. Analysis of cash deposit controversy, CIT(A) decision, and ITAT’s order for de novo adjudication.

Reassessment invalid if Satisfaction was recorded in a mechanical manner by JCIT 

June 24, 2022 1926 Views 0 comment Print

As regards to the validity of the reassessment proceedings under section 147 r.w.s 148 of the Act, it is not in dispute that the A.O. is required to get the approval of the competent authority i.e; JCIT in the present case. JCIT mentioned as under: Yes, it is a fit case to issue notice under section 148 of the Income Tax Act.

Not striking off irrelevant matter vitiate penalty proceedings

June 22, 2022 615 Views 0 comment Print

Sh. Prem Pal Gandhi Vs ACIT (ITAT Amritsar) The appellant objected to the levy of penalty as bad in law. He challenged that the AO has not mentioned under which limbs of section 27 1(1)(c) of the Act, whether for concealment of income or furnishing of inaccurate particulars, the penalty was initiated. Thus, He has […]

Dissolution clause not mandatory for registration u/s 12A

June 17, 2022 2133 Views 0 comment Print

Shaheed Bhagat Singh Educational Society Vs CIT(Exemption) (ITAT Amritsar) It is not obligatory for the assessee for maintain dissolution clause which will not be the issue for rejection of registration u/s 12A of the Act. Accordingly the registration U/s 12A could not be denied to the assessee-society for non maintain the dissolution clause. Facts- The […]

Belated employee’s cont. to PF/ ESI made before return due date, disallowance unjustified

June 17, 2022 1353 Views 0 comment Print

J & K Tourism Development Corporation Ltd. Vs ACIT (ITAT Amritsar) No disallowance can be made that the payment to the employee’s contribution to PF and ESI paid by the assessee before the due date of filing of return of income u/s. 139(1). Accordingly, we hold that no disallowance can be made in the assessment […]

Non-Speaking Section 263 Revisional Order not maintainable

June 5, 2022 681 Views 0 comment Print

Rajdhani Transport Company Pvt. Ltd. Vs PCIT (ITAT Amritsar) In this case Section 263 order was passed only on the basis of the non-appearance of assessee and non submission of the document during the proceeding. Section 263 is moved up by two limbs, one erroneous order and second is prejudicial to the interest of the […]

Disallowance of interest on loan on Plant & Machinery and Capital WIP by capitalizing it is unsustainable

May 23, 2022 6753 Views 0 comment Print

Held that order of CIT(A) sustained on the issue restricting the disallowance of non-capitalization of interest on bank loan on Plant & Machinery and on account of non-capitalization of interest expenditure on Capital Work in Progress u/s 36(1)(iii) of the Income Tax Act.

Section 40A(3) disallowance cannot be made by invoking Section 154 provisions

February 7, 2022 2607 Views 0 comment Print

Smt. Poonam Mittal Vs ITO (ITAT Amritsar) We find that the AO had invoked his powers u/s.154 of the Act for disallowing u/s.40A(3) of the Act the assessee’s claim for deduction of bonus of Rs.2,47,380/- that was stated to have been paid in cash, i.e., in excess of the prescribed limit of Rs.20,000/-. In our […]

In case of limited Scrutiny AO not expected to examine matters not referred to him

December 28, 2021 2085 Views 0 comment Print

Paradise Rubber Industries Vs PCIT (ITAT Amritsar) Admittedly the present case before us is a case of Limited scrutiny selected for particular points reproduced hereinabove confined to 4 issues. The issue for which the PCIT issued the show cause notice was entirely different than the four issues examined under limited scrutiny by the assessing officer. […]

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