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ITAT Visakhapatnam

ITAT Disallows Depreciation due to lack of Machinery Installation Proof

January 14, 2025 1140 Views 0 comment Print

Visakhapatnam ITAT ruled against depreciation claims for uninstalled machinery by ACIT vs Mithra Kyokuto, citing lack of operational evidence for A.Y. 2012-13.

First Day Excluded; One-Day Delay Not Considered Delay in Filing: ITAT Visakhapatnam

January 11, 2025 3153 Views 1 comment Print

ITAT restores gratuity addition matter to CIT(A) in Vaddadi Madhusudana Rao’s appeal despite 1-day delay in filing the appeal.

Impossible to mention registration u/s 12AB in ITR-7: ITAT remanded the matter to AO for considering registration u/s 12 A

January 6, 2025 3375 Views 0 comment Print

Before ITAT, it was submitted that it is impossible for the assessee to mention new registration number in ITR-7 as it was filed on 13.03.2022 and the same was obtained on 04.04.2022 after filing of ITR-7.

ITAT Reduces Income Estimation to 4% in Lakshmi Durga Case from 8%

December 30, 2024 687 Views 0 comment Print

ITAT Visakhapatnam lowers income estimation rate to 4% and deletes incorrect addition in the case of Lakshmi Durga Distributors.

Assessee acted as kaccha arahtia is eligible for entire TDS credit: ITAT Visakhapatnam

December 9, 2024 1083 Views 0 comment Print

Tribunal in the case of Yegneswari General Traders vs. ITO held that kaccha arahtias are concerned, the turnover does not include the sales effected on behalf of the principals and only the gross commission has to be considered for the purpose of 44AB.

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

December 5, 2024 1629 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 1440 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 732 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 3561 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 714 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.

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