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ITAT Raipur

Once books of accounts are rejected profit has to be estimated

June 26, 2023 4230 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 3246 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 843 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 1185 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 9975 Views 0 comment Print

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

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

June 8, 2023 954 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 3669 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 768 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 1965 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 792 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.

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