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ITAT Cuttack

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

July 10, 2022 14862 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 2943 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 1437 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 579 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 8238 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 1212 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 1128 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.

Exemption u/s 11 denied as surplus utilized in violation of section 13

June 25, 2022 2073 Views 0 comment Print

Held that the assesee funds/surplus has been utilised and diverted in violation of several provisions of Section 13(1) & 13(2) of the Act. Exemption u/s 11 denied.

ITAT quashes section 263 order in respect of correction of arithmetical mistake

June 24, 2022 1155 Views 0 comment Print

Explore the Kyal Agencies vs. PCIT case at ITAT Cuttack. Analysis covers sundry creditors, arithmetical mistakes, and sales discount reconciliation. Know why the revision was quashed.

No penalty for delay in Audit Report submission due to delay by ROC appointed Auditors

June 23, 2022 957 Views 0 comment Print

Kendrapara Credit Co-operative Society Ltd. Vs ITO (ITAT Cuttack) A perusal of the facts as recorded by the AO shows that the delay in submitting the audit report was on account of delay in obtaining audit report from the statutory auditors. It is fairly admitted that the statutory auditors is appointed by the Registrar of […]

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