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ITAT Visakhapatnam

Addition for Bogus share capital not sustainable without proving that shareholders did not have credit worthiness

May 18, 2018 960 Views 0 comment Print

ACIT Vs Gowthami Chemicals & Pesticides (P) Ltd. (ITAT Visakhapatnam) In this case, the assessee has furnished the confirmation letters explaining the identity of the shareholder, address and sources of income of the contributor to the share capital along with the evidence for land holdings and copies of IT returns in 4 cases before the […]

Rice mill Lease rentals taxable as Income from other sources

April 25, 2018 2913 Views 0 comment Print

In this case Since the rice mill owned by the assessee was let out to another rice mill and the rental income was received without carrying on any business activity or rendering any services incidental to carrying on the rice mill, therefore, the AO rightly assessed the income under the head ‘Income from other sources’.

Section 263 Inadequate inquiry by AO, cannot be considered as lack of inquiry

March 26, 2018 2322 Views 0 comment Print

Inadequate inquiry by AO with respect to compliance of TDS under section 194H could not be equated with lack of inquiry, so as take the case for revision under section 263.

Re-Assessment Invalid if order sheet recording reason for reopening is unsigned

February 28, 2018 2385 Views 0 comment Print

Sri Pinnamaraju Venkatapathi Raju Visakhapatnam Vs JCIT (ITAT Visakhapatnam) In the instant case, on verification of the assessment record, it is noticed that the A.O. typed the reasons but not signed the order sheet, thus there are no reasons recorded for reopening of assessment as required u/s 148 of the Act. The A.O. neither complied […]

Unsigned reason cannot be treated as reasons recorded

February 28, 2018 2253 Views 0 comment Print

Where AO typed the reasons but not signed the order sheet, there were no reasons recorded for re-opening assessment as required under section 148, therefore, notice issued under section 148 was bad in law, consequently reassessment order was to be annulled.

Wealth Tax: Non striking irrelevant column in notice issued u/s 18(1)(c) renders notice invalid

February 23, 2018 2760 Views 0 comment Print

The Ld.CWT(A) should have struck off the irrelevant column and made known the assessee by mentioning for which reason the penalty was initiated. Penalty u/s 18(1)(c) of WT Act are parimateria to Income Tax Act 271(1)(c). As per settled case laws non striking the irrelevant column in the notice issued u/s 18(1)(c) renders the notice invalid and consequent penalty required to be cancelled.

Set-off of unabsorbed depreciation allowable against Addition U/s. 68

February 21, 2018 11016 Views 0 comment Print

Asst. Vs Sai Bhaskar Irons Ltd. Once addition under section 68 was included in gross total income, AO had to allow set off of unabsorbed depreciation loss as provided under section 71 dealing with the set off of loss from one head against income from another head. FULL TEXT OF THE ITAT JUDGMENT This appeal […]

TDS not deductible on Reimbursement of conversion expenses without profit element

February 21, 2018 2802 Views 0 comment Print

Assessee filed return of income declaring total income of 3,90,370/- on 3.10.2007. The assessment was completed u/s 143(3) of the Income Tax Act, 1961 (hereinafter called as the Act) on 31.12.2009 determining the total income at 6,90,370/-. Subsequently, the case was reopened u/s 147 of the Act by issue of notice u/s 148 of the Act for not considering the disallowance u/s 40a(ia) of IT Act.

Deduction U/s. 54F for Property purchased in name of individual co-parcener by HUF

February 9, 2018 6492 Views 0 comment Print

In this case, the assessee filed the return of income admitting total income of 98,820/-. A search u/s 132 of the Income Tax Act, 1961 (hereinafter called as the Act) was carried out in the case of M/s. A.S. Steel Traders on 11.10.2012 and in the course of search, the document No.5019 of 2011 of SRO

Assessee is entitled to deduction for payment of gratuity to LIC

January 25, 2018 15720 Views 0 comment Print

In the instant case the assessee has made the payments to the LIC towards group gratuity scheme directly in approved schemes. The assessee has also obtained the policy in favor of the bank. The assessee has no control over the funds contributed to LIC towards the gratuity.

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