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ITAT Visakhapatnam

Section 68 Addition not Justified for Unexplained Deposit in Bank Account

July 29, 2020 13221 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 4314 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 6165 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 1572 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 1404 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 924 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,

Section 271C applies to both failure to deduct and pay TDS

August 7, 2019 2637 Views 0 comment Print

Since assessee had deducted the TDS, but not remitted to Government account and for that he had not given any satisfactory explanation either before AO or before CIT(A), therefore, penalty under section 271C was justified.

Capital Gain payable on Transfer of Property to Builder through Sale Agreement alongwith POA

July 19, 2019 2349 Views 0 comment Print

Once the assessee had entered into agreement of sale coupled with power of attorney and handed over the possession of the property to the vendee, the transfer is complete as provided u/s 47 of the Act.

Tax on Salary of non-resident for services rendered outside India

May 3, 2019 8091 Views 0 comment Print

Section 5(2)(a) provides that only such income of non-resident would be subjected to tax in India that is either received or is deemed to be received in India, therefore, salary accrued to a non-resident seafarer for services rendered outside India on a foreign ship could not be included in total income merely because salary has been credited in the NRE/NRO account maintained with an Indian Bank by the seafarer.

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