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ITAT Raipur

Unexplained money received back via banking channel in form of sale consideration taxable u/s 115BBE

June 8, 2023 921 Views 0 comment Print

ITAT Raipur held that unexplained money u/s 69A of the Income Tax Act was received back through banking channel in the form of sale consideration of the shares. Accordingly, the same has to be brought to tax u/s 115BBE of the Income Tax Act.

Denial of exemption u/s 11 justified as audit report in Form 10B filed beyond specified date

June 6, 2023 3411 Views 0 comment Print

ITAT Raipur held that exemption under section 11 of the Income Tax Act duly denied to trust as audit report in Form 10B e-filed/ uploaded beyond the date specified u/s 139 of the Income Tax Act.

Addition u/s 68 sustained as identity and creditworthiness of lenders not proved

May 27, 2023 705 Views 0 comment Print

ITAT Raipur held that addition towards unexplained cash credits u/s 68 of the Income Tax Act sustained as assessee failed to prove the identity and creditworthiness of lenders of unsecured loans.

Disallowance u/s 36(1)(iii) unsustainable as advance given during normal course of business

May 21, 2023 1806 Views 0 comment Print

ACIT Vs Hotel Ishika (ITAT Raipur) ITAT Raipur held that the interest expenditure corresponding to the advances that was given in the normal course of business could not have been disallowed under section 36(1)(iii) of the Income Tax Act. Facts- Post completion of original assessment, as is discernible from record, the A.O on the basis […]

Amount received as consequence of divorce cannot be held as unexplained cash credit u/s 68

May 21, 2023 723 Views 0 comment Print

ITAT Raipur held that amount received as a consequence of divorce from the ex-husband could not be held as an unexplained cash credit u/s.68 of the Act, and accordingly cannot be brought to tax u/s.115BBE of the Act.

Penalty u/s 271E leviable as reasonable cause for non-complying with section 269T not shown

May 21, 2023 507 Views 0 comment Print

ITAT Raipur held that assessee failed to put forth the reasonable cause because of which provisions of section 269T of the Income Tax Act was not complied. Accordingly, penalty under section 271E of the Income Tax Act leviable.

Mere non-reference of cash transaction doesn’t render assessment order erroneous and prejudicial

May 18, 2023 876 Views 0 comment Print

ITAT Raipur held that mere non-reference by AO about the cash transaction entered into by the assesse doesn’t render the assessment order passed by AO as erroneous and prejudicial to the interest of revenue. Accordingly, revisional proceedings u/s 263 unjustified.

Addition unsustainable as identity and creditworthiness of investor company duly proved

May 4, 2023 690 Views 0 comment Print

ITAT Raipur held that addition as an unexplained cash credit u/s 68 of the Income Tax Act unsustainable in as much as the assessee company has duly discharged the onus of proving the identity and creditworthiness of the investor company.

ITAT allows stamp duty paid on sale by builder – Section 43CA not triggered

April 19, 2023 2562 Views 0 comment Print

ACIT Vs Mahavir Infracon Pvt. Ltd. (ITAT Raipur) Admittedly, it is a matter of fact borne from record that the assessee company which is engaged in the business as that of a developer, had in order to promote its sales incurred expenses towards stamp duty and registration fees with respect to the properties sold by […]

Matter restored because of absence of necessary verification by AO and non-cooperation by assessee

April 1, 2023 447 Views 0 comment Print

ITAT Raipur held that matter needs to be restored in absence of necessary verification by AO in characterizing share application money as unexplained cash credit u/s 68 and non-cooperation and evasive conduct of the assessee.

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