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ITAT Visakhapatnam

Addition based on mere Whatsapp messages is not sustainable

September 23, 2020 6588 Views 0 comment Print

Addition was made merely on the basis of whatsapp messages and the statement recorded from section 132(4) from Shri Lanka Anil Kumar which was subsequently retracted. Therefore we are of the view that the addition made by the AO is unsustainable.

No penalty on additional income admitted though there was no evidence

September 23, 2020 1731 Views 0 comment Print

ACIT Vs Deccan Jewellers Pvt. Ltd. (ITAT Visakhapatnam) We find from the orders of the lower authorities that the basis for additional income was only estimation but not supported by any evidence. Even the department failed to substantiate the industry average of purification loss with authenticated documentary evidences. The assessee submitted that the additional income […]

Section 56(2)(vii)(b) Not Applicable if It Is Not Enacted as on Date of Agreement

August 17, 2020 25467 Views 0 comment Print

The issue under consideration is whether provisions of section 56(2)(vii)(b)(ii) are applicable on difference between consideration paid for purchase of property and SRO value as on date of agreement?

Section 68 Addition not Justified for Unexplained Deposit in Bank Account

July 29, 2020 13278 Views 0 comment Print

The issue under consideration is whether the AO is justified in making addition u/s 68 towards alleged unexplained deposit in the bank account in as much as a bank account is not a book of account maintained by the appellant?

Income-Tax Payment made by Assessee is Application of Income & it is Eligible for Deduction u/s 11

June 9, 2020 4356 Views 0 comment Print

The issue under consideration is whether the Income-tax payment made by assessee is an application of income and will be eligible for deduction u/s 11?

Waiver of Working Capital Loan Taxable u/s 28(iv) and not u/s 41(1)

June 5, 2020 6195 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in deleting the addition made by AO u/s 41(1) for waiver of working capital loan and charge it u/s 28 of the Act?

No section 271E penalty if payments were genuine & duly accounted

March 18, 2020 1587 Views 0 comment Print

Penalty under section 271E for violation of provision of section 269T could not be levied as assessee-company repaid loans advances otherwise than by crossed cheque, however, it substantiated with relevant documents that all the payments made by it were genuine and all the creditors accounted the loans as well as the repayments in their books of account and moreover, it was a mere technical violation.

Section 68 Addition justified for un-reconciled credit balance

March 11, 2020 1431 Views 0 comment Print

Jupudi Venkateswara Rao Vs ITO (ITAT Visakhapatnam) Ld.CIT(A) has given a clear finding that the assessee failed to produce the purchases book, stock register etc to verify the purchases or the unaccounted sales, the assessee has taken a different stand before the ITAT and argued that the difference was not related to purchase and sales […]

Mere Change of Opinion Cannot be Basis for Re-Opening of Assessment

March 5, 2020 1410 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 is justified if the details on the basis of which case is re-opened was already available at the time of original assessment?

No addition for gifts if Assessee proves Identity, capacity & genuineness of donor

September 6, 2019 927 Views 0 comment Print

Gifts are normally made by relatives out of natural love and affection and do not necessarily require any particular occasion. Assessee had discharged his burden by furnishing necessary details before AO. In the absence of anything to show that the transactions were by way of money laundering,

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