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ITAT Raipur

Disallowance Under Section 40(a)(ia) valid for Non-TDS on NBFC Interest

September 9, 2023 13770 Views 0 comment Print

Analyzing the case of Sanjay Bajpai Builders Vs ACIT and the ITAT Raipur’s ruling on disallowance u/s 40(a)(ia) of the Income Tax Act for failure to deduct TDS on interest to NBFCs.

Penalty imposed u/s 270A is appealable before CIT(A)

September 7, 2023 8250 Views 0 comment Print

ITAT Raipur held penalty imposed u/s. 270A of the Income Tax Act clearly falls within the realm of orders appealable before the CIT(Appeals) u/s. 246A of the Income Tax Act.

Revision u/s 263 justified as AO grossly failed to verify nature and source of transaction

September 5, 2023 540 Views 0 comment Print

ITAT Raipur held that revisionary jurisdiction under section 263 of the Income Tax Act rightly invoked as there is a gross failure on the part of the A.O to verify the nature and source of the cash deposits.

TCS Provisions applicable on amounts received from illegal miners/ transporters

July 30, 2023 2277 Views 0 comment Print

Explore ITAT Raipur’s verdict on tax collection by District Mining Officer (DMO). Understand the implications of not collecting tax at source (TCS) on compounding fees from illegal miners/transporters. Analysis of Section 206C(1C) and obligations under the Income Tax Act.

Addition of unexplained investment unsustained on failure to establish that society was benamidar of assessee

July 30, 2023 1182 Views 0 comment Print

ITAT Raipur held that addition towards unexplained investment unsustainable as AO failed to place on record any material which would conclusively establish that the said society was a benamidar of the assessee. Accordingly, addition based on bald allegation couldn’t be accepted.

Demerger: Depreciation is allowed on WDV Based on Consideration Paid

July 30, 2023 1563 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 837 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 1569 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 1095 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 4305 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.

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