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ITAT Raipur

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

May 21, 2023 570 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 954 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 726 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 2925 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 507 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.

Approval granted under section 153D on ‘presumption’ basis is invalid

March 31, 2023 4161 Views 0 comment Print

Akshata Realtors Pvt. Ltd. Vs ACIT (ITAT Raipur) ITAT held that the Approval granted by the JCIT, Range Central, Raipur under section 153D on ‘presumption’ basis without thoroughly going through the seized material, assessment records etc. as perfunctory, without application of mind, mechanical in nature hence, invalid, bad in law and liable to be quashed. […]

Partnership firm can be formed by partners represented by their respective firms

March 25, 2023 8169 Views 0 comment Print

ITAT Raipur held that there is no bar on an individual to join a partnership firm in his representative capacity of a firm being represented by him. In short, partnership firm can be formed by partners represented by their respective firms.

Delay in filing of an appeal cannot be condoned based on unsubstantiated claim

February 22, 2023 2043 Views 0 comment Print

ITAT Raipur held that delay of 1563 days cannot be simply condoned on the basis of the unsubstantiated claim of the assessee. As assessee failed to come forth with any good and sufficient reason that would justify condonation of the substantial delay, appeals dismissed as barred by limitation.

Charging of late TDS statement filing fees prior to 01.06.2015 is untenable

February 10, 2023 1626 Views 0 comment Print

ITAT Raipur held that charging of late fees of delay in filing of TDS statement under section 234E of the Income Tax Act is effective only from 01.06.2015. Charging the same for period prior to 01.06.2015 is untenable in law.

Receipt of warehousing charges taxable as business income

February 6, 2023 6687 Views 0 comment Print

ITAT Raipur held that warehousing charges received by the assessee is taxable under the head Income from Business and not under the head Income from house property.

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