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ITAT Raipur

CIT justified in disallowing depreciation on Plant & Machinery, Purchase of which was already treated as Bogus by AO

February 10, 2022 1539 Views 0 comment Print

Lahari Laminates Pvt. Ltd. Vs DCIT (ITAT Raipur) With reference to the first issue i.e. incorrect allowance of depreciation of Rs.59,45,940/- on bogus purchase of Plant & Machinery, the learned counsel for the assessee fairy submitted that where the A.O. has made disallowance on Plant & Machinery, it was permissible for the A.O. to disallow […]

Section 12A Registration cannot be denied merely for Leasing of Developed Plots to Members

October 31, 2021 1377 Views 0 comment Print

Confederation of Pharma Dealers Association Vs CIT (ITAT Raipur) Section 12A Registration cannot be denied merely for Leasing of Developed Plots to Members and Object beneficial to a section of public is also an object of general public utility It is evident that the objects of the assessee trust meant for benefit of pharma dealers […]

Onus lies on person who alleges untruthfulness against other persons

October 13, 2021 2754 Views 0 comment Print

Jainarayan Hariram Goel Charitable Trust Vs CIT (Exemption) (ITAT Raipur) We find prima facie merit in the various pleas advanced on behalf of the assessee as narrated above. It is a settled principle of law that the onus lies on the person who alleges untruthfulness against the other persons. In the instant case, the allegation […]

AO cannot estimate GP rate without rejection of books & without showing defects

October 5, 2021 8604 Views 0 comment Print

Sanjay Agrawal Vs DCIT (ITAT Raipur) – Rejection of books, arbitrary income estimation, and legal principles – AY 2012-13.

Section 68 addition unsustainable if department accepted factum of repayment

September 25, 2021 4362 Views 0 comment Print

DCIT Vs Singhania Buildcon Pvt. Ltd. (ITAT Raipur) 1. AO has not made any attempt to rebut the claim of the assessee. The confirmations were filed by the assessee to support the factual position. The assessee has placed the facts which are apparent in nature for which no rebuttal has been done. 2. The Hon’ble […]

No infringement of Section 40A(3) four cash payment for seeds to villagers & tribals in naxalite area

August 13, 2021 1011 Views 0 comment Print

Bharat Agro Industries Vs ITO (ITAT Raipur) The first allegation concerns infringement of Section 40A(3) of the Act and consequent applicability of Section 40(a)(ia) of the Act. In this regard, it is the case of the assessee that purchases were made from villagers/Tribals who are procuring the seeds and supplying the same to the assessee. […]

Reopening assessment under Section 148 without recording reasons is bad in law

July 29, 2021 3696 Views 0 comment Print

In present facts of the case, it was observed that in the absence of  reasons, the jurisdiction assumed under section 148 of the Act to reopen a completed assessment is clearly void ab initio and consequently, assessment order is bad in law.

Section 263 gets triggered only when order is erroneous & also prejudicial to interest of Revenue

May 16, 2019 4050 Views 0 comment Print

Held, That The Assessing Officer had conducted enquiry and after various rounds of hearing and deliberation with the assessee and scrutinizing the documents filed before him as well as submissions of the assessee, the Assessing Officer had passed an order. 

Grant for Development of Coal Block/Mines under Chhattisgarh Mineral Development Fund Act towards Capital Outlays is capital receipt

January 17, 2019 1056 Views 0 comment Print

Grants/Financial Assistance received by assessee, a Government Company, from the State Government for Development of Coal Block/Mines – Grants/Financial Assistance received from Mineral Development Fund (MDF) under the provisions of Chhattisgarh Mineral Development Fund Act r.w. Chhattisgarh Mineral Development Fund Rules towards Capital Outlays or incurment of capital expenditure would be in the nature of capital receipts not chargeable to tax

Similar Treatment to Be Given in Subsequent AY in Case of Existence of Identical Facts in Previous Settled AY

January 17, 2019 2325 Views 0 comment Print

Assessee is a corporation of the Chhattisgarh Government and has received subsidies for opening a mine. Assessee treated the said subsidy as ‘capital receipt’, however, department contended it to be ‘revenue receipt’.

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