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ITAT Visakhapatnam

Delay in Income Tax Appeal Condoned: Liberal Approach Needed for Substantial Justice

December 5, 2024 1005 Views 0 comment Print

ITAT Vishakhapatnam condoned 102 days in filing of an appeal before CIT(A) and remanded the matter back to CIT(A) with an observation that sufficient cause should receive liberal construction to advance substantial justice.

Actual Turnover of Licensed Chillies Commission Agent is Gross Commission Charged: ITAT Vishakhapatnam

November 27, 2024 495 Views 0 comment Print

Tribunal in the case of Yegneswari General Traders vs. ITO has held that based on CBDT circular no. 452 it is clear that Kaccha Arahtias turnover includes only the gross commission and not the sales effected on behalf of their principals.

Case Remanded for Fresh Consideration Due to Non-Appearance Before CIT(A)

November 26, 2024 381 Views 0 comment Print

The assessee is an individual, engaged in the business as Kerosene dealers in Rajahmundry. The case of the assessee was selected for scrutiny under CASS “Limited Category” to verify the sources for “Cash deposits during demonetisation period”.

Addition u/s. 69 based on excel sheet seized from third party without independent enquiry untenable

November 14, 2024 1509 Views 0 comment Print

ITAT Vishakhapatnam held that addition u/s. 69 r.w.s. 115BBE of the Income Tax Act merely on the basis of excel sheet seized from third party without any independent enquiry and independent corroborative evidences is unsustainable in law.

Revision u/s. 263 quashed as AO duly assessed NIL income due to proper application of funds

November 13, 2024 333 Views 0 comment Print

ITAT Visakhapatnam held that revision u/s. 263 quashed as AO already disallowed the claim of depreciation while framing assessment and assessed income at NIL due to proper application of funds.

Addition confirmed by CIT(A) by passing ex-parte order needs fresh consideration: ITAT Visakhapatnam

November 13, 2024 489 Views 0 comment Print

ITAT Visakhapatnam remitted the matter since addition confirmed by CIT(A) by passing ex-parte order as assessee didn’t appeared nor complied to the notices. Accordingly, matter remitted back for fresh consideration.

Deemed rent u/s. 23(1)(a) not invocable as property leased out for continuous long period

November 12, 2024 921 Views 0 comment Print

The assessee is engaged in the business of letting out buildings both residential and non-residential. The case of the assessee was selected for scrutiny and accordingly statutory notices u/s. 143(2) and 142(1) of the Act.

Weighted deduction u/s. 35(2AB) allowed as amount from DSIR qualifies as soft loan: ITAT Vishakhapatnam

November 12, 2024 354 Views 0 comment Print

ITAT Vishakhapatnam allowed weighted deduction under section 35(2AB) of the Income Tax Act since amount received from Department of Scientific & Industrial Research [DSIR] is soft loan and hence cannot be considered as grant-in-aid.

Source of capital investment explained hence addition u/s. 68 not sustained: ITAT Visakhapatnam

November 12, 2024 669 Views 0 comment Print

ITAT Visakhapatnam held that addition under section 68 r.w.s. 115BBE of the Income Tax Act deleted as the source for capital investment properly explained by the assessee. Accordingly, addition deleted.

Non-admission of additional evidence by CIT(A) untenable: Matter remanded

November 12, 2024 675 Views 0 comment Print

On verification of the bank account copies and the other material available before him, AO noticed that the assessee made cash deposits amounting to Rs. 24,31,000/- by way of Specified Bank Notes [“SBNs”].

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