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ITAT Cuttack

Addition based on statements recorded by survey team & credible evidence without any retraction are valid

May 17, 2021 1221 Views 0 comment Print

Sanjay Sultania Vs ITO (ITAT Cuttack) CBDT in the circular dated 10.3.2003 (supra) has directed the revenue authorities that if confession not based upon credible evidence, are later retracted by the concerned assesses while filing the returns of income, such confessions do not serve any useful purpose. In the present case,  there was substantial evidence […]

ITAT restricts addition for advance received by builder from customers to 5%

March 12, 2021 3330 Views 0 comment Print

Srabani Constructions Pvt Ltd. Vs ACIT (ITAT Cuttack) In the present case, the AO has made addition of Rs.1,68,54,180/ @ 15% by considering whole amount of advance from customers i.e. closing balance as on 31.3.14 of Rs.11,23,61,227/-, which also includes opening balance from customers brought forward from earlier year as opening balance as on 1.4.2013 […]

Disallowance on ad hoc basis justified if assessee not produces any vouchers

March 12, 2021 3873 Views 0 comment Print

Sunrise Jewellers Vs ITO (ITAT Cuttack) Addition of Rs. 1,19,848/- on ad hoc basis without  specifying/pinpointing which voucher is not verifiable After hearing both the sides and perusing the entire material available on record along with the paper book filed by the assessee as well as the orders of the authorities below and the written […]

Sundry creditors cannot be doubted if AO accepts purchase, sales & net profit declared in return 

March 4, 2021 4740 Views 0 comment Print

Srabani Construction (P) Ltd Vs DCIT (ITAT Cuttack) In respect of addition of Rs.51,84,803/- made by the AO u/s.68 of the Act with regard to sundry creditors, on observing the financial statement it is found that the assessee could not produce the creditors as well as could not satisfy the three ingredients i.e. identity, creditworthiness […]

Addition for mere Absence of confirmations from Creditors & for differences without considering reconciliations

January 18, 2021 4875 Views 0 comment Print

Supreme Concrete & Infrastructure Pvt Ltd. Vs ACIT (ITAT Cuttack) It is admitted position that the loan from Sinclair Builders Pvt Ltd., has been obtained by account payee cheque. Confirmation, copy of account as well as the bank statement of the creditor has also been furnished. The assessee has also deducted TDS on the interest […]

Collecting fees for training from different organizations is not charitable activity

December 14, 2020 930 Views 0 comment Print

Where assessee-trust was collecting fees from different organizations towards training programmes and it also received rent for letting out its part premises; the CIT was justified in rejecting the assessee s application for grant of registration under section 12AA on the ground that the activities of the trust were not charitable, but were commercial in nature.

Society or trust not registered in India cannot be granted section 12A registration

December 10, 2020 6552 Views 0 comment Print

Evangelical Missionary Society Vs CIT (Exemptions) (ITAT Cuttack) Sec. 12A of the Income Tax Act lays down the provisions of Sec,11 & 12 shall not apply in relation to the income of any trust or institution unless the condition stated therein are fulfilled. The first condition for allowing the exemption u/s.11 is that the person […]

Section 12AA registration cannot be denied without recording dissatisfaction about objects of trust

November 26, 2020 1401 Views 0 comment Print

Balika Vidyalaya Educational & Cultural Trust Vs CIT (Exemptions) (ITAT Cuttack) We find that as per the provisions of section 11 & 12 of the Act, the income derived from property held for charitable or religious purposes and income of Trusts or Institutions from contributions are exempt from tax provided such Trusts or Institutions are […]

Treatment of Interest on Fixed Deposit – ITAT remanded case Back to AO

November 3, 2020 4953 Views 0 comment Print

Explore Angul Sukinda Railway Ltd. vs ITO case. ITAT Cuttack decision on interest treatment for FDR and Flexi deposits. Full judgment details here.

Section 14A disallowance should be as per Rule 8D Calculation Method

October 28, 2020 4437 Views 0 comment Print

National Aluminium Company Ltd. Vs ACIT (ITAT Cuttack) The issue under consideration is whether disallowance u/s 14A without following calculation method mentioned under rule 8D is justified in law?

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