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ITAT Raipur

Section 194J not apply to services not requiring specific professional skill/expertise

January 10, 2023 2871 Views 0 comment Print

ITAT Raipur held that service of tabulation, checking and preparation of marksheets and other computer assisted work doesn’t require any specific professional skill or expertise. Therefore, provisions of section 194J of the Income Tax Act are not attracted.

Addition of unexplained cash credit unsustainable in absence of rejection of books of accounts

December 29, 2022 1617 Views 0 comment Print

ITAT Raipur held that addition u/s 68 as unexplained cash credit unsustainable as AO has not rejected the books of accounts Accordingly it can be concluded that by accepting the books of accounts AO has also accepted the cash deposits to have been sourced out of duly disclosed source.

Section 80P Deductions otherwise disallowable cannot be disallowed U/s. 143(1)

December 19, 2022 4248 Views 1 comment Print

Jila ALP Sankhyak Bachat Sahakari Sakh Samiti Maryadit Vs DCIT (ITAT Raipur) Deductions otherwise disallowable under the Act but could not be disallowed in 143(1) – Eg 80P deduction AY 18-19 to AY 20-21 Assessee -Credit Co-operative Society, claiming deduction u/s.80P filed its ROI A.Y.2018-19 beyond the due date u/s 139(1). CPC in its Intimation […]

Claim to deduction u/s 54B raised first time in appellate proceedings was allowable

October 27, 2022 1434 Views 0 comment Print

Where assessee did not raised claim for deduction under section 54B while filing the returns of income filed u/s 139(1) and u/s 148 but in appellate proceedings raised the same then such claim was allowable.

Section 40A(2)(b) Disallowance not valid if AO not formed opinion on excessive or unreasonable deduction

August 12, 2022 4185 Views 0 comment Print

A.O while working out disallowance under section 40A(2)(b), had though observed that the payment of salary to the aforementioned two related parties in question was found to be excessive, but had fundamentally erred by not opining as to what as per him was the fair market value of the service which were being rendered by the aforementioned related persons, considering which the payments made to them by the assessee were to held as excessive.

Dismissal of appeal on account of non payment of taxes – ITAT restored matter to CIT(A)

August 12, 2022 2019 Views 0 comment Print

Dismissal of appeal in limine on account of non payment of taxes & non filing of returns u/s.153A. Appeal restored to file of CIT(A) in view of proviso to section 249(4)(b) to exercise the discretion vested in him & to consider the plea taken by appellant as regards financial difficulties.

Section 271B penalty notice after 30 months of completion of assessment is not sustainable

August 12, 2022 2298 Views 0 comment Print

Levy of penalty by the assessing officer after passage 30 months after the completion of the assessment, we are of the opinion that the penalty proceedings are barred by limitation and consequently penalties levied under section 271B cannot be sustained

ITAT deletes addition for Share Application Money from Kolkata based companies

August 12, 2022 465 Views 0 comment Print

ITO vs. Sharda Shree Agriculture & Properties Pvt. Ltd. relating to addition on account of Share Application Money from two Kolkata based companies. Entire Addition was deleted

ITAT deletes Entire Additions on account of alleged Bogus Purchases & Bogus Sales

August 12, 2022 4884 Views 0 comment Print

ACIT vs. Sanjay Kumar Kochar relating to deletion of addition on account of Bogus Purchases & Bogus Sales. Entire Addition was deleted.

Addition u/s 68 of duly accounted cash sales is unjustified

August 4, 2022 1605 Views 0 comment Print

Held that the re-assessment and addition of the duly accounted cash sales of the assessee as unexplained cash credits u/s 68 by the AO without rejection of the books of account of the assessee u/s 145(3) of the Act is unjustified

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