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ITAT Surat

TDS of Firm credited in PAN of Partner – ITAT directs assessee to apply under section 199 read with Rule 37BA

January 23, 2023 1869 Views 0 comment Print

Nirav Bipinbhai Vaghasiya Vs ITO (ITAT Surat) ITAT find that in the return of income the assessee claimed refund of TDS reflected in his Form-26AS. The CPC denied such refund in its intimation dated 08.10.2018. The assessee filed application for rectification under section 154. In the application under section 154, the assessee claimed such refund […]

Entire receipt cannot be treated as income, in absence of material, presumptive net profit of 8% should be considered

January 16, 2023 2805 Views 0 comment Print

ITAT Surat held that addition of entire contractual receipt is unsustainable in law as the entire receipt cannot be treated as income. In absence of any material to show net profit rate, presumptive net profit rate of 8% is to be considered as estimated income.

Concept of deemed registration of trust not prevailing under Income Tax Act

January 2, 2023 1020 Views 0 comment Print

ITAT Surat held that there is no specific provision in the Income Tax Act that non-deciding the registration application under Section 12AA within a period of six months there shall be a deemed registration.

Deduction of TDS or payment via account payee cheque doesn’t justify non-genuine transaction

December 27, 2022 2589 Views 0 comment Print

ITAT Surat held that mere deduction of TDS or mere payment by account payee cheque doesn’t make non-genuine transaction a genuine one.

AO not examined section 54B/54F basic conditions – ITAT refers matter back to AO

December 25, 2022 906 Views 0 comment Print

Sejalbhai G. Patel Vs ITO (ITAT Surat) Learned Departmental Representative (ld. DR) for the Revenue submitted that in order to claim the exemption under section 54B of the Act, the agricultural land should be purchased within two years from the date of sale of the original agricultural That is, the agricultural land must have been […]

Additional claim can be entertained by appellate authority

December 14, 2022 1632 Views 0 comment Print

ITAT Surat held that Assessing Officer is not entitled to admit or entertain additional claim during the assessment proceedings, however the appellate authority has such jurisdiction to admit such additional claim.

CIT(A) while deciding appeal is required to pass order on points of determination with reasons

November 17, 2022 3915 Views 0 comment Print

Section 250(6) of the Act mandates that the Ld. CIT(A) while deciding the appeal is required to pass order on points of determination (grounds of appeals), decision therein on and reasons for such decision.

Addition of unaccounted profit on estimation basis in trading/ manufacturing of diamonds restricted to 10%

November 15, 2022 1209 Views 0 comment Print

ITAT Surat held that the addition on account of unaccounted profit on estimation basis, in trading/ manufacturing of diamonds, restricted at 10% of the sales in view of CBDT instructions vide circular no. 2/2008 dated 22nd February 2008.

In absence of transfer Income cannot be treated as Capital Gain

September 16, 2022 1932 Views 0 comment Print

DCIT Vs Virendrabhai Devjibhai Patel (ITAT Surat) ITAT observed that the transactions were done by the assessee and the real investment in the transaction was carried out by Shri. Dharmeshbhai Patel (in short SDP). The assessee and Shri. Dharmeshbhai Patel (SDP) entered into an arrangement wherein, Shri. Dharmeshbhai Patel (SDP) provided the money required to […]

Section 80IB deduction to industrial undertaking manufacturing at third party premises allowable

August 29, 2022 1647 Views 0 comment Print

Held that deduction u/s 80IB allowable to the industrial undertaking manufacturing at third party premises using their machinery under the supervision and control of an assessee amounts to manufacturing by the industrial undertaking.

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