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ITAT Cuttack

Section 263 Revision not permissible on debatable issues

June 23, 2022 759 Views 0 comment Print

Orissa Forest Development Corporation Limited Vs PCIT (ITAT Cuttack) It is admitted by Pr. CIT that he is not going into the merits of the addition as the issue constitute a matter to be adjudicated by the appellate authority. Thus, it is clearly shows that the issue is a debatable issue and it is recognized […]

Section 271(1)(c) penalty not leviable after deletion of Addition to Income

June 22, 2022 1824 Views 0 comment Print

Prajatantra Prachar Samity Vs DCIT (ITAT Cuttack) It is noticed that the Co-ordinate Bench of this Tribunal has already deleted the additions made in the quantum assessments on the basis of which penalty has been levied u/s.271(1)(c) of the Act for all the three assessment years, we are of the view that the penalty has […]

Higher depreciation rate admissible on motor Lorries used in Lorry hiring business

June 22, 2022 5496 Views 0 comment Print

ACIT Vs Bharat Carriers ltd (ITAT Cuttack) Under sub-item 2(ii) of Item III of Appendix I of the Income Tax Rules, 1962, higher rate of depreciation is admissible on motor trucks used in a business of running them on hire. Therefore, the user of the same in the business of transportation of the assessee is […]

Showing income from eligible unit in gross total income is mandatory for deduction u/s 80IA

June 17, 2022 441 Views 0 comment Print

Tata Sponge Iron Limited Vs DCIT (ITAT Cuttack) The fundamental requirement of showing the income from “eligible” unit in the gross total income is mandatory which was not complied by the assessee in order to claim deduction u/s.80IA of the amount equal to the income generated by the eligible unit. Facts- The appellant is company […]

Section 263 Revisionary order in violation of principles of natural justice is invalid

June 4, 2022 1632 Views 0 comment Print

CIT (E) was not right in passing the impugned revisionary order u/s.263 of the Act in violation of principles of natural justice alleging the assessment order as erroneous and prejudicial to the interest of the revenue and directing the AO to redo the assessment without making an enquiry himself.

Limited Scrutiny: Advance from customers cannot be treated as sundry creditors

May 14, 2022 6024 Views 0 comment Print

M. M. Engineers and Consultants Vs PCIT (ITAT Cuttack) At the outset, a perusal of the balance sheet clearly shows that there is nothing in the balance sheet of the assessee under the term ‘sundry creditors’. We are alive to the fact that this is a limited scrutiny assessment, which is done under CASS. In […]

Donation with specific direction on uses entitled for section 11 deduction

October 31, 2021 3585 Views 0 comment Print

Jeypore Evangelical Lutheran Church Vs ITO (ITAT Cuttack) From the narration given in the list of donations, it is observed that the amount of donation has been given for the specific purpose. The Assessing Officer has bifurcated three donations as specific purpose and left out other donations not being specific purpose without giving any reason. […]

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

May 17, 2021 1479 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 4152 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 4488 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 […]

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