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ITAT Surat

TDS Credit denied – Corresponding income ought to have been reduced – Section 154

August 26, 2022 1977 Views 0 comment Print

If TDS credit is disallowed than corresponding income offered by assessee for taxation also ought to have been reduced by passing rectification order u/s 154 by AO

Profit element to be taxed in case of bogus purchases

August 23, 2022 3084 Views 0 comment Print

Held that if the parties are failed to prove the genuineness of entire transaction of such tainted purchases, the revenue authorities are not entitled to bring the entire transaction to tax. Authorities can tax the income component in such tainted transactions

Deduction u/s 80IA is allowed unit wise

August 16, 2022 6588 Views 0 comment Print

Held that deduction under Section 80IA of the Income Tax Act is to be allowed unit wise without deducting incurred loss by the other unit of eligible business and allowed the appeal of assessee.

No section 271F penalty for delay in Filing Income Tax Return under Bona Fide Belief of No Taxable Income

August 13, 2022 8334 Views 0 comment Print

Assessee has shown reasonable cause for not filing the return of income before due date of return. ITAT direct AO to delete penalty levied under Section 271F

Addition of income not accruing/ arising from business connection in India not sustainable

July 26, 2022 885 Views 0 comment Print

Held that there is no material/ evidence to say that the assessee was having any business connection in India. Addition unsustainable.

Unregistered Satakat not supported by other evidence doesn’t possess evidentiary value

July 21, 2022 1812 Views 0 comment Print

Held that no part consideration of acquisition of asset/property was paid on alleged execution of possession-cum-Satakat and there is no other corroborative evidence to substantiate the claim of assessee. Capital gain treated as STCG instead of LTCG.

Credit for TDS deducted cannot be denied for non-payment by Deductor

July 10, 2022 3933 Views 1 comment Print

Liladevi Dokania Vs ITO (ITAT Surat) It is evidently clear that assessee received the rent income, and the Tenant (Deductor) has deducted TDS but has not deposited the TDS so deducted into the Central Government Account. Considering these facts, we note that issue under consideration is no longer res integra. The Hon`ble High Court of […]

Reassessment u/s 148, in absence of notice u/s 143(2), unjustified

July 9, 2022 5532 Views 0 comment Print

Search was initiated against the assessee. However, notice was not issued u/s 143(2). AO reopened the matter and issued notice u/s 148. Held, reassessment of proceedings u/s 148, without issuance of notice u/s 143(2), is unsustainable in law

Deduction u/s 80IB(10) available to partly owned individuals

July 7, 2022 828 Views 0 comment Print

Form no. 10CCB clearly states that the undertaking is partly owned. Sale proceeds are also deposited equally in individual account. Deduction u/s 80IB(10) allowed

AO had no power to review but having power to re-assess

July 4, 2022 1209 Views 0 comment Print

Reassessment was not justified as AO can exercise power to re-open, provided there was tangible material to come to the conclusion that there was escapement of income from assessment.

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