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ITAT Raipur

Demerger: Depreciation is allowed on WDV Based on Consideration Paid

July 30, 2023 1338 Views 0 comment Print

ITAT Raipur held that assessee company was entitled for depreciation on WDV on consideration that was paid by it and not on WDV that was lastly shown by CSEB, before its disintegration.

Trust Registration Depends on Charitable Objects, Not Activities: ITAT

July 28, 2023 735 Views 0 comment Print

ITAT Raipur quashes CIT(E)’s rejection of registration u/s 12AA for Agrasen Jan Kalyan Trust. The appeal highlights that activities should not decide registration, but rather the charitable objects.

Justified Invocation of Section 263: No Enquiry or Verification

July 27, 2023 1419 Views 0 comment Print

ITAT Raipur held that invocation of section 263 of the Income Tax Act justified as AO passed the order without making any enquiry or verification and hence such order passed is deemed to be erroneous and prejudicial to the interest of revenue.

Taxation of commission Receivable in the Accrual Year

July 27, 2023 957 Views 0 comment Print

ITAT Raipur held that once it is established that the commission income were receivable, the said commission income is liable to be brought to tax in the year in which the same has been accured.

Invalid Assumption of Jurisdiction by AO: CIT Cannot Revise Assessment Order

July 26, 2023 3906 Views 0 comment Print

In the case of Smt. Aruna Tiwari Vs. PCIT, the ITAT Raipur ruled that a non-est assessment order cannot be revised by the CIT under Section 263 of the Income Tax Act.

Once books of accounts are rejected profit has to be estimated

June 26, 2023 3270 Views 0 comment Print

ITAT Raipur held that A.O after rejecting the books of accounts of the assessee could not have based his assessment on the said books of accounts. Accordingly, once the books of account of an assessee are rejected, then profit has to be estimated.

Addition u/s 68 on mere presumptions and suspicion is bad in law

June 24, 2023 2985 Views 0 comment Print

ITAT Raipur held that addition u/s 68 towards unsecured loan received by assessee treating the same as bogus based on mere presumptions and suspect is bad in law and liable to be set aside.

Brushing aside objections of assessee has rendered entire mechanism provided u/s 143(1)(a) as redundant

June 22, 2023 744 Views 0 comment Print

ITAT Raipur held that payment towards purchase of beer from the State Government is an exception to the applicability of section 40A(3). However, brushing aside the said objection/ response filed by the assessee had rendered entire mechanism provided u/s 143(1)(a) as redundant and otiose.

Addition in bogus purchase transaction reduced on pro-rata basis

June 22, 2023 1047 Views 0 comment Print

ITAT Raipur held that addition in case of bogus purchase transaction restricted to the extent of the difference between the gross profit of genuine purchases transactions and gross profit of bogus purchases transactions.

ITAT order allowing EPF & ESIC employee’s contribution prior to Checkmate Services Judgment suffers from ‘apparent mistake from record’ 

June 9, 2023 9579 Views 0 comment Print

Explore the ITAT order rectifying disallowance of EPF & ESIC contributions, diverging from the Checkmate Services judgment. Analysis, implications & more.

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