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ITAT Rajkot

ITAT taxed Income of Small Businessman at a presumptive rate – Section 44AD

July 31, 2022 1356 Views 0 comment Print

Mahesh K. Bhutiya Vs ITO (ITAT Rajkot) We have noted that the Revenue has accepted the income returned by the assessee from his business by applying 5% profit rate to his turnover of Rs. 20,85,825/-. It is evident therefore that it is an accepted fact that the assessee is a very small businessman and it […]

Developer to follow AS 11 issued by ICAI & not AS-7 which applies to contractor

July 31, 2022 1134 Views 0 comment Print

Aadarh Developers Vs ACIT (ITAT Rajkot) Admittedly, the assessee is a developer and not a works contractor. Therefore, the revenue has to be recognized by the assessee as per accounting standard 11 issued by the ICAI and not as per the accounting standard 7 which is applicable to the contractor. The accounting standard 11 says […]

Section 263 order not sustainable if no error in Assessment Order

July 29, 2022 387 Views 0 comment Print

Sopan Developers Vs PCIT (ITAT Rajkot) Amendment for charging the tax on the notional rent with respect to the properties held as stock in trade was applicable from the assessment year 2018-19 and subsequent assessment year. As such, the amended provision is not applicable for the year under consideration. Thus the question of calculating the […]

Issue of share at premium – ITAT remands matter back to AO

July 26, 2022 417 Views 0 comment Print

DCIT Vs Shree Swaminarayan Infrastructure Private Limited (ITAT Rajkot) In this case, assessee company has issued shares of Rs.2,92,00,000/-being 7300 equity shares of Rs.10/- each at a premium of Rs.3990/- per share and thus there is increase in share capital of Rs.73,000/-. Over and above that the company has collected premium of Rs.2,91,27,000/-. Before the […]

Inadequate inquiry not amount to erroneous order, Section 263 cannot be invoked

July 18, 2022 2778 Views 0 comment Print

Held that an inquiry made by the AO, considered inadequate by the Commissioner of Income Tax, cannot make the order of the Assessing Officer erroneous. Thus, the Commissioner of Income Tax by invoking revisionary powers u/s. 263 cannot impose his own understanding of the extent of inquiry.

Cash Deposits out of Shroff Business cannot be Treated as Undisclosed Income

July 12, 2022 2667 Views 0 comment Print

DCIT Vs Sidhanath Enterprise (ITAT Rajkot) The ld. CIT(A) has deleted the addition on account of cash deposits of Rs. 224.53,23,993/-. in the bank account of the assessee, noting that identical issue had come up before the Hon’ble Gujarat High Court in the case of the assessee itself in a writ petition filed by the […]

Section 269SS not attracted to Cash receipt from father’s proprietary firm

July 11, 2022 14328 Views 0 comment Print

ITAT held that so far as cash receipt of by assessee from his father’s proprietary firm is concerned, the provisions of section 269SS do not stand attracted.

Penalty cannot be levied merely for addition during Quantum Proceedings

June 24, 2022 2715 Views 0 comment Print

Explore the case of Ranjit D. Rathod vs ITO (ITAT Rajkot) where penalty proceedings were contested due to assessment discrepancies. Detailed analysis and conclusions provided.

Addition for Cash Balance difference not sustainable unless corroborated by tangible materials

June 24, 2022 1074 Views 0 comment Print

Explore the case of Hasmukhrai A. Jobanputra vs ITO (ITAT Rajkot), addressing differences in cash balances. Detailed analysis of additions, penalties, and conclusions provided.

Undisclosed business receipts -Only a percentage of profit embedded can be taxed

June 23, 2022 2916 Views 0 comment Print

In our considered view only a percentage of profit embedded in such amount of contractual receipts can be brought to tax. In this regard we find support and guidance from the order of the Hon’ble Gujarat High Court in the case of CIT vs. President Industries reported in 258 ITR 654 where it was directed to make the addition only to the extent of gross profit of undisclosed business receipts.

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