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ITAT Cuttack

Mistakes by NRI in ITR – ITAT directs AO to consider rectification application on merits

January 27, 2023 1374 Views 0 comment Print

Prasanta Kumar Mishra Vs ACIT (ITAT Cuttack) Admittedly, the assessee individual is a non-resident Indian and the facts clearly show that the return has been filed with mistakes. These mistakes can admittedly be rectified by filing a rectification application. The rectification application admittedly is not being considered on account of the limitation provided u/s. 154(7) […]

TDS on Freight – Non Submission of form 26A- ITAT restores matter to AO

January 13, 2023 1005 Views 0 comment Print

Arvind Purseth Vs CIT(A) (ITAT Cuttack) It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been […]

Non submission of Form No. 26A before AO- ITAT restores appeal to AO

January 3, 2023 849 Views 0 comment Print

Arvind Purseth Vs CIT(A) (ITAT Cuttack) It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been […]

Section 43B not applies to provisions of section 36(1)(va) in respect of employees contribution

November 29, 2022 3006 Views 0 comment Print

SC held that the provisions of section 43B would not apply to the provisions of section 36(1)(va) of the Act in respect of employees contribution.

Delayed payment in respect of employees contribution to PF & ESI is not allowable

November 27, 2022 7590 Views 0 comment Print

BBG Metal Syndicate Pvt Ltd Vs DCIT (ITAT Cuttack) Admittedly, the Hon’ble Supreme Court in the case of Checkmate Services Pvt Ltd(supra) has categorically held that the employees contribution to PF and ESI to the extent it is not paid within due date prescribed under the PF Act, is not allowable u/s.36(1)(va) of the Act. […]

What is scrap for one person could be a useful product for another – TCS not deductible

November 17, 2022 885 Views 0 comment Print

In case of the assessee itself if we take the presumption that what the assessee has purchased from RSP is only scrap then he would be selling the same to some other steel manufacturing plant. However, the sales are retail sales. This itself shows that what has been sold by the assessee is not scrap but usable products.

Expenditure of pay revision as approved is allowable

November 14, 2022 1155 Views 0 comment Print

ITAT Cuttack held that scientific method of calculation is done and the pay revision is approved, hence the provision for the pay revision is an unascertained liability nor the liability does not crystalise.

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

August 2, 2022 699 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 600 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 3888 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 […]

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