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ITAT Raipur

No section 40(a)(ia) disallowance for shortfall in TDS due to difference of opinion

June 22, 2022 1221 Views 0 comment Print

Shree Sita Edibles Ltd. Vs ITO (ITAT Raipur) ITAT find that the issue involved in the present appeal lies in a narrow compass, i.e., as to whether or not, a short deduction of tax at source by the assessee would call for triggering the provision of Sec. 40(a)(ia) of the Act for disallowing the amount […]

Interest expense on unsecured loans raised for earning interest allowable u/s. 57(iii)

June 22, 2022 4017 Views 0 comment Print

Shri Pankaj Surana Vs ITO (ITAT Raipur) As per Section 57(iii) of the Act, any expenditure not being in the nature of a capital expenditure, laid out or expended wholly and exclusively for the purpose of making or earning income under the head ‘income from other sources’ is to be allowed as a deduction. As […]

CIT cannot summarily dismiss Appeal for Non-Prosecution

June 22, 2022 1722 Views 0 comment Print

Vishnu Kumar Sinha (HUF) Vs ACIT (ITAT Raipur) In this case CIT(Appeals) had disposed off the appeal for non-prosecution and had failed to apply his mind to the issue which did arise from the impugned order and has been assailed by the assessee before him. We are unable to persuade ourselves to accept the manner […]

Section 271B penalty proceedings after 30 months of completion of assessment is barred by limitation

June 22, 2022 11772 Views 0 comment Print

Jila Sahakari Kendriya Bank Maryadit Vs ITO (ITAT Raipur) It is not disputed by both the parties that there is no finding in the assessment order for levy of penalty for the alleged default u/s. 271B of the Act and it is also not disputed that after passing of the order on 31.12.2011, the alleged […]

Section 40(a)(ia) Disallowance justified for failure to deduct section 194A TDS

June 22, 2022 468 Views 0 comment Print

Swaraj Builders Vs ITO (ITAT Raipur) Assessee had failed to comply with the mandate of law and had failed to deduct tax at source u/s.194A of the Act on the aforesaid amount of interest payment of Rs.7,46,025/-. Accordingly, the A.O had disallowed the amount of Rs.7,46,025/-u/s.40(a)(ia) of the Act which was thereafter, upheld by the […]

Amendment to Section 36(1)(Va) vide Finance Act, 2021 is Prospective

June 22, 2022 2874 Views 0 comment Print

Nakoda Ispat Ltd. Vs DCIT (ITAT Raipur) Admittedly and undisputedly, the employees’s contribution to ESI and PF which have been collected by the assessee from its employees have thus been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Till this provision is enacted in as the […]

No section 194H TDS on discounts on transfer of pre-paid SIM cards/talk time

June 20, 2022 726 Views 0 comment Print

ITAT held that tax withholding provisions under section 194H would not be applicable to discounts extended to pre-paid SIM distributors on transfer of pre-paid SIM cards/talk time.

Insignificant mistakes cannot justify rejection of books of accounts

June 17, 2022 2121 Views 0 comment Print

ACIT Vs Sanjay Agrawal (ITAT Raipur) Insignificant mistakes in the accounts cannot justify rejection of books of accounts of the assessee under Sec. 145(3) of the Act. Facts- The case of the assessee was selected for scrutiny assessment u/s. 143(2). Accordingly, A.O directed the assessee to substantiate its claim for deduction of expenses under the […]

Bogus purchase, addition limited to GP Rate

June 14, 2022 7101 Views 0 comment Print

ITO Vs Satyanarayan Nathulal Gandhi Chowk (ITAT Raipur) Held that the entire purchase amount of such bogus purchase cannot be added at best the addition limited to the extent of G. P. Rate on purchases at the same rate of the genuine purchase. Facts- A survey operation u/s 133A was conducted in the business premises of […]

Section 271(1)(c) Penalty not sustainable if specific charge not specified

June 11, 2022 1476 Views 0 comment Print

AO is under obligation to specify the appropriate limb of  section 271(1)(c) of the Act at the time of initiation as well as at the time of levy of penalty notice.

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