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ITAT Amritsar

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

April 10, 2023 5331 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 1470 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.

Delay of 9 years condoned on reasonable cause of non-receipt of intimation

March 30, 2023 2181 Views 0 comment Print

ITAT Amritsar held that non-receipt of intimation resulted into no action on the part of the assessee. Accordingly delay of 9 years condoned as the assessee had reasonable cause of non-receipt of intimation

Revision by PCIT was justified as there was no lack of investigation by AO

March 23, 2023 1470 Views 0 comment Print

AO had applied his mind while doing the assessment therefore, the investigation by AO could not be called ‘lack of investigation’ and revision order passed under section 263 was quashed.

Mere typographical mistake without independent evidence doesn’t amount to unexplained money

March 15, 2023 762 Views 0 comment Print

ITAT Amritsar held that mere typographical mistake in mentioning the balance of capital account doesnot amount to concealment. Accordingly, addition on account of unexplained money unsustainable.

Penalty u/s 271B levied for non-furnishing of audit report without reasonable cause

March 15, 2023 1632 Views 0 comment Print

Sh. Yasir Bilal Khan Vs DCIT (ITAT Amritsar) ITAT Amritsar held that penalty u/s 271B for non-furnishing of audit report within specified date leviable as assessee failed to prove nexus between non-completion of the audit report u/s. 44AB with the flood of Kashmir. Facts- The penalty was levied by the ld. AO u/s. 271B of […]

Provisions of section 115BBE not applicable where surrender is made to cover any discrepancy

March 15, 2023 2778 Views 0 comment Print

ITAT Amritsar held that provisions of section 115BBE of the Income Tax Act cannot be made applicable where assessee has made a statement that the excess stock was a result of suppression of profit in respect of sales made outside the books of accounts.

Provisions of section 68 inapplicable in absence of maintenance of any books of accounts

March 14, 2023 5049 Views 0 comment Print

ITAT Amritsar held that provisions of section 68 of the Income Tax Act is inapplicable as assessee does not maintain any books of accounts. Mere possession of pass book cannot be treated as books of accounts. Accordingly, addition u/s 68 unsustainable.

Section 68 not empower AO to make addition of sundry debtors/ advance to growers

March 8, 2023 3546 Views 0 comment Print

ITAT Amritsar held that section 68 of the Income Tax Act is not empowered to allow addition of sundry debtors/ advance to growers. Accordingly, addition of the same deleted.

Not intentional or mala fide delay in filing of an appeal is condonable

March 1, 2023 2397 Views 0 comment Print

ITAT Amritsar held that appellant being a government undertaking is required to take necessary permission for filing of an appeal from its head office. Delay in getting the permission resulted into delay in filing of an appeal. Such not intentional or mala fide delay should be condoned.

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