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ITAT Cuttack

Addition by CIT(A) on fresh issues without enhancement notice not valid

August 2, 2022 555 Views 0 comment Print

Paradeep Paribahan (P) Ltd Vs ACIT (ITAT Cuttack) The Assessing Officer in the course of original assessment proceedings has made additions only in respect of TCS on the sale of minerals and the addition on account of non-deduction of TDS in respect of interest on borrowed capital paid by the assessee to NBFC. Admittedly, the […]

ITAT imposes Cost of Rs. 5,000 for Non-Compliance of Notice issued by CIT(A) via ITBA

July 31, 2022 477 Views 0 comment Print

Subhag Projects Private Ltd. Vs ITO (ITAT Cuttack) A perusal of the order of the ld. CIT(A) shows that four opportunities have been granted to the assessee by issuing notices through ITBA System via e-Mail. It was submitted by the ld. AR that notices have been received but the assessee was unable to correspond with […]

No Section 271F penalty when Assessee having 2 PAN filed return under anyone PAN

July 31, 2022 3336 Views 0 comment Print

Sudhi Jain Vs ITO (ITAT Cuttack) Assessee has filed her return of income at one place i.e. at Kolkata under her PAN A****2218B and the transactions done under PAN A****6846F are also duly reported and disclosed in the said return of income. No doubt has been shown by the revenue authorities on this contention of […]

Trust not registered U/s 12AA- AO directed to allow expenditure & Tax Surplus

July 10, 2022 14016 Views 0 comment Print

Joharimal High School Vs ITO (ITAT Cuttack) Undisputedly rather admittedly, the assessee does not enjoy registration u/s.12AA of the Act and as per e-return filed before the Bench, as per column 3, the assessee has shown receipt of income of Rs.97,10,521/- and as per column 4(i), amount applied during the previous year or expenditure incurred […]

ITAT quashes section 263 order as no addition made on  issues raised in Section 263 proceedings

July 5, 2022 2616 Views 0 comment Print

Ravi Metallics Limited Vs PCIT (ITAT Cuttack) A perusal of the order of the ld. Pr.CIT shows that the show cause notice issued u/s.263 of the Act has been issues only on 1st March, 2019. Admittedly, the assessee has responded to the show cause notice though on 26.03.2019. In the said reply, the assessee has […]

Multiple Flats not linked to each other cannot be treated as Single Residential House

July 2, 2022 1185 Views 0 comment Print

It was the submission that assessee has acquired multiple units and, therefore, the assessee is not entitled to claim of exemption u/s. 54F

ITAT advises a little care in filing appeals to dept as all orders of appellate authorities are not erroneous

July 2, 2022 411 Views 0 comment Print

ITAT held that revenue should also be careful when filing the appeals against the order of the appellate authorities. Not all orders of the appellate authorities are erroneous; a little care in filing these appeals would go a long way.

CIT(A) must provide opportunity of hearing to AO – Section 250(1)

July 2, 2022 7098 Views 0 comment Print

ACIT Vs Kalinga Mining Corporation (ITAT Cuttack) We are not going into merits of the appeals. Only because an opportunity of hearing as prescribed u/s.250(1) of the Act has not been provided by the ld. CIT(A) to the AO and there is a clear violation of principle of natural justice in respect of opportunity to […]

Depreciation compulsorily allowed even if Assessee has not Claimed It

June 28, 2022 909 Views 0 comment Print

Explore the Orissa Power Transmission Corporation Ltd vs. ACIT case at ITAT Cuttack. Analysis of interest income, business vs. other sources, and prior period expenses.

No Estimation of Gross Profit without Rejection of Books of Account

June 27, 2022 879 Views 0 comment Print

A perusal of the assessment order clearly shows that the provisions of section 145 (3) have not been invoked and the books of account of the assessee have not been rejected. This being so, admittedly, estimation of the assessee’s income is not permissible.

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