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ITAT Amritsar

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

May 20, 2023 1641 Views 0 comment Print

Smt. Savitri Devi Vs ITO (ITAT Amritsar) The entire issue is in two parts, one is legal issue by challenging the jurisdiction of notice u/s 148 and the jurisdiction of the ld. AO related to calculation of capital gain of the assessee without referring the issue to DVO. The last issue was challenged by the […]

Revenue authorities cannot go beyond jurisdiction of orders of ITAT

May 20, 2023 873 Views 0 comment Print

Malwa Coop. L & C Society Ltd Vs ITO (ITAT Amritsar) In its fact, that the gross receipt should be determined by allowing the reasonable deduction of the items like TDS, VAT, security letter cess and other deduction. Accordingly, the assessee made a correct calculation related to calculation of the contract receipt. Both the Revenue […]

ITAT allows rectification of Mistake by Assessee in treating Capital receipts as revenue receipt

May 19, 2023 1560 Views 0 comment Print

DCIT Vs Kashmir Steel Rolling Mills (ITAT Amritsar) The undisputed facts in the present case are that the assessee claimed excise duty refund and interest subsidy as revenue receipt in the return of income and the assessment order was passed on 17.12.2009. The Hon’ble Jurisdictional High Court of J & K in the case of […]

Cash deposited during demonetization: ITAT allows deduction of returned income against peak credit balance

May 8, 2023 4875 Views 0 comment Print

Jatinderpal Singh Vs ITO (ITAT Amritsar) Relying on the decision of ITAT Amritsar in the case of Kulwant Singh v. ITO in ITA No. 519/Asr/2014 dated 19.02.2015 appellant submitted that the credit of the income returned by the assessee should have been allowed from the peak credit balance sustained by the CIT(Appeal). It was submitted […]

Tax on sale of property belonging to father is not leviable on son

May 3, 2023 7338 Views 0 comment Print

ITAT Amritsar held that the assessee is not liable for payment of tax related to sale of property which belong to his father. Accordingly, addition liable to be quashed.

Addition u/s 68 beyond jurisdiction if amount already declared as turnover

May 2, 2023 4764 Views 0 comment Print

ITAT Amritsar held that addition under section 68 of the Income Tax Act is beyond jurisdiction as the amount is already declared as turnover and the said turnover is reflected in the books of account.

Date of presentation of cheque should be deemed as date of payment of employee contribution

May 1, 2023 2043 Views 0 comment Print

ITAT Amritsar held that date of presentation of cheque should be taken as date of payment. Accordingly, payment of employee contribution is deemed to have been made on the date of presentation of cheque.

Amount declared as turnover cannot be called concealed income & taxed twice

April 26, 2023 2406 Views 0 comment Print

AO has no right to calculate sales on hypothetical basis ignoring the evidence submitted during the course of assessment proceedings. Once the amount is declared as turn over cannot be called concealed income and be taxed doubly on same amount. The addition U/s 68 is beyond jurisdiction of the ld. AO as the turnover is already reflected in the books of the assessee.

Denial of deduction u/s 11 for non-filing of Form No. 10B is unjustifiable

April 10, 2023 5133 Views 0 comment Print

ITAT Amritsar held that failure in furnishing of Form No. 10B is a procedural defect. Accordingly, denial of deduction u/s 11 of the Income Tax Act for such a defect is unsustainable in law.

Addition merely based on statement without confronting incriminating material has no evidentiary value

April 10, 2023 1341 Views 0 comment Print

ITAT Amritsar held that addition merely on the basis of statement taken at the time of locker operation without confronting the incriminating material or any other corroborative evidence has no evidentiary value u/s 292C.

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