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ITAT Raipur

CBDT Instruction No. 03/2017 followed by partly allowing cash deposit during demonization

April 11, 2025 1383 Views 0 comment Print

ITAT Raipur held that addition towards cash deposited during demonization period partly set aside based on CBDT Instruction No. 03/2017 dated 21.02.2017. Accordingly, appeal of assessee partly allowed.

Change of Opinion without New Material: ITAT Raipur Quashes Reassessment

April 5, 2025 744 Views 0 comment Print

ITAT Raipur quashes Sec 147 reassessment in ITO Vs Bishambhar Dayal Agrawal. Held reopening based on change of opinion, not new material, is invalid. Cites Kelvinator.

Rejection of registration application is justified if the assessee fails to provide necessary details

April 5, 2025 714 Views 0 comment Print

ITAT Raipur held that application for registration u/s. 12A(1)(ac)(iii) of the Income Tax Act rightly rejected since assessee, without any justifiable reason, failed to provide requisite details/ documents specifically called by CIT(E).

Notice not stating specific limb of Sec. 271(1)(c) cannot be sustained: ITAT Raipur

April 5, 2025 1341 Views 0 comment Print

ITAT Raipur held that penalty u/s. 271(1)(c) of the Income Tax Act is liable to be struck down for the failure on the part of the A.O. to put the assessee to notice as regards the default for which penalty under Sec. 271(1)(c) was sought to be imposed.

Section 127 Order Mandatory for Transfer of Jurisdiction: ITAT Raipur

April 4, 2025 2226 Views 0 comment Print

In Peter Vaz vs CIT, Bombay HC rules ITAT erred in barring Sec 153C challenge & refusing delay condonation. Cites Rule 27, Balakrishnan (SC). Matter remanded.

Failure to participate in appellate proceeding due to justifiable reasons: Matter restored

April 3, 2025 774 Views 0 comment Print

Accordingly, the A.O vide his order passed u/s.143(3) of the Act, dated 26.12.2018, after making the aforesaid addition determined the income of the assessee firm at Rs.20,98,730/-.

CIT(A) cannot vacate addition based on additional evidence without confronting AO

April 3, 2025 519 Views 0 comment Print

ITAT Raipur held that vacating addition/ disallowances by CIT(A) based on additional documentary evidences filed before him without confronting AO is against the provisions of rule 46A of the Income Tax Rules, 1962. Thus, matter restored back to AO.

ITAT Raipur Set Aside Rejection of Section 80G Registration Without Notice 

March 30, 2025 654 Views 0 comment Print

ITAT Raipur rules that rejection of 80G registration for Bhagwan Mahaveer Jain Relief Trust without a show-cause notice violates natural justice. Case remanded for review.

Condition for use of land for agricultural purpose in preceding two years satisfied: Section 54B exemption granted

March 26, 2025 702 Views 0 comment Print

ITAT Raipur held that exemption under section 54B of the Income Tax Act is allowable since pre-condition regarding usage of land for agricultural purposes in two years immediately preceding date of transfer is satisfied. Accordingly, appeal allowed.

Non-issuance of Section 143(2) notice invalids Section 143(3) Scrutiny Assessment: ITAT Raipur

March 25, 2025 831 Views 0 comment Print

ITAT Raipur held that assessment framed by AO u/s. 143(3) r.w.s. 147 of the Income Tax Act without issuance of notice under section 143(2) of the Income Tax Act is invalid and cannot be sustained in the eyes of law.

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