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ITAT Guwahati

Mere proving identity of creditor is insufficient, genuineness of transaction is also to be proved

May 21, 2023 678 Views 0 comment Print

ITAT Guwahati held that submission of documents proved the identity of the creditors, however, genuineness of the transactions is not proved. Matter set aside for fresh consideration.

ITAT directs AO to estimate Income from business of purchase & sale of Fish at 4%

April 29, 2023 2385 Views 0 comment Print

No addition could be made to an undisclosed contract receipt from the business of purchase and sale of fish as to some extent, the uniform rate of 8% available in Section 44AD applicable on some contractor was not to be applied on every time on every type of business. AO was directed to take an estimated income at 4% and credit of income disclosed by assessee was to be given

Addition only for net profit element embedded in alleged undisclosed sale if purchase not doubted

April 15, 2023 1830 Views 0 comment Print

ITO Vs Manumati Boro (ITAT Guwahati) Revenue has challenged the finding of the ld. CIT(A) deleting the addition for undisclosed sale and sustaining the addition only to the extent of net profit element embedded in the alleged undisclosed sale. We notice that the ld. Assessing Officer based on the seized records impounded during the course […]

No penalty if Assessee revises return before completion of Assessment & correct Bonafide mistake

February 17, 2023 780 Views 0 comment Print

Shri Altaf Hussain Laskar Vs DCIT (ITAT Guwahati) The case of the assessee is that he has committed certain mistakes in computing the income originally, whereby certain exempt income was included as taxable and certain perquisites were claimed as exempt in the revised return. In other words, earlier assessee has included the value of LIC […]

TDS not deductible on salary, bonus, commission or remuneration credited by firm to partners

January 16, 2023 3216 Views 0 comment Print

ITAT Gauhati held that TDS not required to be deduct by the partnership firm on salary, bonus, commission or remuneration given/ credited to the partner of the firm.

ITAT restore issue of claim of brought forward loss to CIT(A) for passing speaking order

January 15, 2023 789 Views 0 comment Print

Shivdham Industries P. Ltd Vs DCIT (ITAT Guwahati) It has been stated before us by the ld. Counsel for the assessee that in the return of income filed in Form no. ITR­-6 in Schedule CFL, the assessee has furnished ‘details of loss to be carried forward to future years’ totaling to Rs. 82,89,050/- which included […]

Section 41(1) of Income Tax Act doesn’t apply till liability is not written off in the books

November 17, 2022 2616 Views 0 comment Print

ITAT Gauhati held that provisions of section 41(1) of the Income Tax Act cannot apply since the liability is still payable to sundry creditor and had not been written off in the books of account and there is no evidence to indicate that said liabilities had ceased to exist.

Capital subsidy liable to be excluded from computation of book profit

November 4, 2021 6231 Views 0 comment Print

Sunrise Biscuit Co. Pvt. Ltd. Vs ITO (ITAT Gauhati) VAT subsidy received by the Assessee – subsidy received for substantial expansion of the undertaking – subsidy is capital in nature – capital subsidy liable to be excluded from the computation of books profit Facts- The assessee has received subsidy of INR 8,78,84,902/- from the Industrial […]

AO cannot made addition under section 68 despite furnishing of confirmations on flimsy Grounds

November 27, 2020 3594 Views 0 comment Print

Nirja Khatuwala Vs ITO (ITAT Gauhati) I note that the out of total outstanding credits of Rs. 2,23,89,337/-[total number of sundry creditors were eleven (11)], the Assessing Officer was not satisfied about the genuinity in respect of credit worth Rs. 34,35,509/- i.e. only in respect of three sundry creditors which comes to 16% of total […]

Valid issuance of notice u/s 143(2) mandatory for framing scrutiny assessment

November 13, 2020 7800 Views 1 comment Print

Balaji Enterprise Vs ACIT (ITAT Guwahati) The case of the assessee was reopened u/s 148 by the ACIT, Investigation, Delhi, on the basis of CBI search. When the question of jurisdiction came before the Hon’ble High Court, it was held that where the assessee shifts his residence etc., the AO of the place where the […]

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