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ITAT Visakhapatnam

Order Passed By AO not Erroneous if passed After Duly Examining Claim of Assessee

October 3, 2022 1131 Views 0 comment Print

Where Assessing Officer, after following directions of Principal Commissioner regarding examining of claim made by assessee for exemption under section 54F, passed an assessment order under section 143(3) read with section 263 holding that assessee was eligible for exemption as it held only one residential property during year, subsequent revision order passed by Principal Commissioner setting aside impugned assessment order as erroneous and prejudicial to interest of revenue was to be quashed

Addition for excess Gold – ITAT extends benefit of CBDT Instruction to mother of married female assessee

August 26, 2022 1206 Views 0 comment Print

Mother of assessee is staying with her and hence benefit of CBDT Instruction No. 1916 should also be extended to the mother of assessee

Section 153C satisfaction needs to be recorded even if AO of searched & other person is same

August 22, 2022 6495 Views 0 comment Print

Palla Simhachalam (HUF) Vs ACIT (ITAT Visakhapatnam) AO of the searched person and the other person is one and the same, then also AO is required to record the satisfaction, as held by the various In the instant case, no such material has been brought before us by the ld. DR. In view of the […]

Section 54: Land value includible in cost of new residential house

August 19, 2022 7557 Views 0 comment Print

Section 54 Cost of new residential house includes cost of land construction materials labour & other cost of construction of residential house

Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years

August 13, 2022 14313 Views 0 comment Print

ITAT held that Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years and Assessee cannot be taxed for non-deduction of TDS U/s. 195  if non-resident discharged obligation with respect to payment of capital gains tax

Categorizing donation as anonymous is unsustainable when donor’s identity is established

July 22, 2022 1227 Views 0 comment Print

Held that identity of the donors as provided u/s 115BBC of the Act has been established by the assessee. Accordingly, the donations cannot be categorized as anonymous donations and cannot be subjected to tax.

Once identity & creditworthiness of investors is established addition u/s 68 unsustainable

July 21, 2022 1068 Views 0 comment Print

Held that as identity and creditworthiness of the investors is established, merely because of delay in transferring of the shares to the prospective investors, the amount cannot be treated as unexplained investment u/s 68.

Addition of unsecured loan sustained as genuineness of transaction not established

July 15, 2022 2073 Views 0 comment Print

Held that addition of the amount of unsecured loan sustained as the assessee failed to establish the genuineness of the loan transactions except filing the affidavits.

Section 80IB deduction not allowable if Form 10CCB not filed with return of income

July 14, 2022 2325 Views 0 comment Print

DCIT Vs Kalyan Aqua & Marine Exports India Pvt Ltd (ITAT Visakhapatnam) We find that even though it is claimed by the Ld. AR that there was a technical error which prevented the assessee from filing/uploading the Form-10CCB along with return of income filed U/s. 139(1), the Ld. AR could not produce the Form-10CCB claimed […]

Addition for mere typographical error in Bank A/c number not unsustainable

July 11, 2022 1068 Views 0 comment Print

Mere typographical error of the account number of the bank account does not mean that the assessee has not disclosed proper information about the bank account details. Addition u/s 69A unsustainable

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