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ITAT Surat

Rejection of application for condonation of delay in filing refund clam is not appealable order u/s. 253

January 11, 2025 987 Views 0 comment Print

ITAT Surat held that rejection of the application for condonation of delay in filing refund claim u/s 119(2)(b) of the Act is not an appealable order u/s. 253. Thus, appeal dismissed as infructuous.

Addition u/s. 68 deleted as nature and source of credit explained: ITAT Surat

January 8, 2025 774 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act deleted since appellant has satisfactorily explained the nature and source of the credit. Accordingly, appeal allowed and addition deleted.

Penalty u/s 271(1)(b) or 272A(1)(d) for initial AY was upheld and for remaining six AY’s was deleted

January 8, 2025 3600 Views 0 comment Print

Search action was carried out on residential premises of assessee. Several incriminating documents were found and seized. Assessee was issued with notice to file Income Tax Return and seeking details for seven assessment years within 5 days.

Cash received from agricultural income deposited during demonetization-ITAT deleted addition

January 8, 2025 8973 Views 0 comment Print

In the matter abovementioned ITAT deleted addition made on account of undisclosed cash deposits during demonetization period after observing that assessee has substantiate means of income for depositing cash.

Matter remanded back as CIT(E) rejected Trust’s Registration for limited review of objectives

January 8, 2025 858 Views 0 comment Print

Aggrieved by this order, assessee filed an appeal before Tribunal. It was held that CIT(E) had not examined the objects and activities of assessee trust which were the twin conditions for granting registration under Section 12A/12AB

Re-assessment beyond Time Limit under Section 149 Not Justified: ITAT Surat

January 7, 2025 1326 Views 0 comment Print

The date on which AO passed the above order was 28.11.2019; therefore, re-opening of case for AY.2011-12 is time barred as per the clear provisions of section 150(2) of the Act. Hence, the direction of the CIT(A) is not in accordance with law and is liable to be quashed.

Enhanced cost of acquisition without corroborative evidence not allowed: ITAT Surat

January 7, 2025 615 Views 0 comment Print

ITAT Surat held that in absence of any corroborative evidence with regard to payment of amount mentioned in sauda chitti, assessee is not entitled to claim enhanced cost of acquisition and hence appeal of the assessee dismissed.

Inadequate enquiry not give any right to CIT to revise assessment order: ITAT Surat

January 6, 2025 633 Views 0 comment Print

ITAT considered two issues on this aspect. Firstly, whether PCIT rightly exercised its revisional jurisdiction and secondly whether order u/s 263 was passed on merits regarding to the net foreign exchange gain.

Cash payment towards credit card purchases without explaining source of money added u/s. 69A

January 3, 2025 3504 Views 0 comment Print

ITAT Surat held that purchase of credit cards by making cash payments without providing explanation with regard to nature and source of money is liable to be added under section 69A of the Income Tax Act.

Entire cash deposits during demonetization cannot be considered as unexplained, 20% Addition Upheld

January 2, 2025 9624 Views 0 comment Print

Entire cash deposits made during demonetization could not be treated as unexplained credit and a reasonable addition of 20% of total cash deposit would be sufficient to avoid the possibility of revenue leakage.

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