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ITAT Surat

Expense towards minor renovation is not capital expenditure

June 17, 2022 1176 Views 0 comment Print

Suvidha Fashions Vs ITO (ITAT Surat) The repairs of small modification carried out at the premises are small scale repair which cannot be classified with capital expenditure. Facts- The appellant is a partnership firm engaged in the business of embroidery job work. During assessment, AO noted that assessee has shown purchases of GPO cloth of […]

Addition should be of Net profit/ income & not of gross profit

June 17, 2022 3597 Views 0 comment Print

It is the net profit and net income which has to be added and not the gross profit since indirect expenses are also incurred in the business.

No denial of Foreign Tax Credit For Mere Delay In Filing of Form No. 67

June 16, 2022 3669 Views 0 comment Print

ITAT held that Assessee has vested right to claim Foreign Tax Credit (FTC) under the tax treaty, the same cannot be disallowed for mere delay in compliance of a procedural provision, that is ‘delay in filing Form No.67’. 

Belated retraction falls in afterthought category & has less efficacy in law

May 28, 2022 2892 Views 0 comment Print

M. D. Infra Developers Vs DCIT (ITAT Surat) Facts- The assessee firm is in the real estate business. A search action under section 132 of the Income-tax Act, 1961, was carried out on 17-07-2012 in the group cases of Dalia (Badshah) Babariya Group of Surat. The AO observed the modus operandi for purchase of said […]

Section 11 & 12 Exemption allowable to Surat District Cricket Association

May 25, 2022 1188 Views 0 comment Print

When the assessee’s main dominant and prime objective was to promote the sports was not desire to earn profits but, object of promoting sports for Nation, it was clearly a charitable purpose. Assessee was entitled for exemption under section 11.

Reassessment notice invalid if it is merely based on Investigation Wing information

May 6, 2022 3972 Views 0 comment Print

Sandipkumar Parsottambhai Patel Vs ITO (ITAT Surat) We note that in assessees case, the assessing officer received information from the Investigation Wing, Kolkata who had carried out survey / search operations wherein it was established that in large number of penny stock companies share prices were artificially raised/manipulated on the Stock Exchanges in order to […]

No section 271(1)(c) penalty on additions deleted by ITAT

May 2, 2022 1470 Views 0 comment Print

Where additions have been deleted by  Tribunal in quantum proceedings, penalty under section 271(1c) levied by AO not sustainable

If no incriminating material found during Search- Section 68 additions not sustainable

April 7, 2022 2019 Views 0 comment Print

Since no incriminating material was found during the course of search, as regards the additions made u/s.68 of the Income Tax Act, therefore, no additions could be made.

Bogus Purchase: Disallowance may be restricted to the extent of profit embedded in such purchases

February 13, 2022 5070 Views 0 comment Print

ITO Vs Shree Deepak Banwarilal Agarwal (ITAT Surat) We find that during the assessment the AO made addition of 100% of purchases shown by the assessee from four parties which were managed by “PK Jain” and his group. The AO made addition on the basis of report of Investigation Wing about the search & seizure […]

No justification of making addition in absence of any evidence of unaccounted investment

February 10, 2022 3300 Views 0 comment Print

Raj Enterprise Vs DCIT (ITAT Surat) The Hon’ble Gujarat high Court in CIT Vs Golden Finance (supra) held that where Assessing Officer made addition on account of unexplained investment on basis of document impounded during survey and statement recorded by partner of assessee-firm, in view of fact that said documents did not suggest that noting […]

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