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ITAT Raipur

Section 40A(2)(b) Disallowance not valid if AO not formed opinion on excessive or unreasonable deduction

August 12, 2022 4575 Views 0 comment Print

A.O while working out disallowance under section 40A(2)(b), had though observed that the payment of salary to the aforementioned two related parties in question was found to be excessive, but had fundamentally erred by not opining as to what as per him was the fair market value of the service which were being rendered by the aforementioned related persons, considering which the payments made to them by the assessee were to held as excessive.

Dismissal of appeal on account of non payment of taxes – ITAT restored matter to CIT(A)

August 12, 2022 2514 Views 0 comment Print

Dismissal of appeal in limine on account of non payment of taxes & non filing of returns u/s.153A. Appeal restored to file of CIT(A) in view of proviso to section 249(4)(b) to exercise the discretion vested in him & to consider the plea taken by appellant as regards financial difficulties.

Section 271B penalty notice after 30 months of completion of assessment is not sustainable

August 12, 2022 2895 Views 0 comment Print

Levy of penalty by the assessing officer after passage 30 months after the completion of the assessment, we are of the opinion that the penalty proceedings are barred by limitation and consequently penalties levied under section 271B cannot be sustained

ITAT deletes addition for Share Application Money from Kolkata based companies

August 12, 2022 666 Views 0 comment Print

ITO vs. Sharda Shree Agriculture & Properties Pvt. Ltd. relating to addition on account of Share Application Money from two Kolkata based companies. Entire Addition was deleted

ITAT deletes Entire Additions on account of alleged Bogus Purchases & Bogus Sales

August 12, 2022 5238 Views 0 comment Print

ACIT vs. Sanjay Kumar Kochar relating to deletion of addition on account of Bogus Purchases & Bogus Sales. Entire Addition was deleted.

Addition u/s 68 of duly accounted cash sales is unjustified

August 4, 2022 1863 Views 0 comment Print

Held that the re-assessment and addition of the duly accounted cash sales of the assessee as unexplained cash credits u/s 68 by the AO without rejection of the books of account of the assessee u/s 145(3) of the Act is unjustified

Ad-hoc disallowance in arbitrary manner not justified

July 9, 2022 5367 Views 0 comment Print

Kailas Chand Agrawal Vs DCIT (ITAT Raipur) Our careful consideration of assessment records and the records of appellate proceedings it transpired that, neither of the lower tax authorities had pointed any such voucher, the genuineness of the expenditure therein claimed to have been incurred by the assessee wholly and exclusively for the purpose of its […]

Ad-hoc disallowance without specifying vouchers & reasons not allowed

June 29, 2022 4242 Views 0 comment Print

Explore the landmark ITAT Raipur case – Sheo Bhagwan Goel vs. ACIT, delving into arbitrary disallowance, self-made vouchers, and the crucial legal analysis leading to a favorable verdict.

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

June 22, 2022 1263 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 4146 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 […]

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