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ITAT Lucknow

Section 263 order cannot be passed on issue already examined in assessment

November 14, 2022 2517 Views 0 comment Print

Time City Real Estates (India) Limited Vs PCIT (ITAT Lucknow) In the present case, ITAT noted that the Assessing Officer had carried out sufficient enquiries and this is not even a case of lack of enquiry. Further the Hon’ble Supreme Court in the case of Malabar Industrial Co. has held that for assumption of jurisdiction […]

Section 234E is prospective and apply to tax period after 1.6.2015

August 8, 2022 2214 Views 1 comment Print

Shivansh Infraestate Pvt. Ltd Vs (ITAT Lucknow) ITAT find that it is undisputed fact that the assessee has been charged late fee u/s. 234E for various returns filed in the Form-26Q for late filing of the statements. These cases relate to Assessment Year 2014-15. The various Hon’ble High Courts including the Hon’ble Karnataka High Court […]

Accountant not become technical person for writing Accounts of 2 firms

July 30, 2022 18264 Views 0 comment Print

Salary of accountant cannot be treated as professional service for managing books of two firms to invoke TDS under section 194J

ITAT deletes addition of share of profit from Partnership Firm

July 30, 2022 894 Views 0 comment Print

Ajay Verma Vs ITO (ITAT Lucknow) Asessing Officer made the additions on account of 50% share of profit and partner’s salary as the Assessing Officer has held that no ITR/balance sheet/P&L account of Partnership Firm was filed to substantiate the claim. Before CIT(A) assessee filed detailed ITR of the firm and also filed the copy […]

No addition for cash deposit During Demonetisation out of Receipts Shown on Presumptive Basis

July 25, 2022 2673 Views 0 comment Print

No Addition of Cash Deposit During Demonetisation Period under section 69A If Cash Deposit Is Part of Receipts Shown on Presumptive Basis and When the Part of Cash Deposit in Pre Demonetisation-Period Was Accepted.

Section 68 Addition cannot be made for purchases

June 27, 2022 3978 Views 0 comment Print

ITAT held that Addition under section 68 of Income Tax cannot be made for purchases as purchases is an expense which is debited in books and not a loan or deposit which is credited in books

ITAT allows addition for cash deposit in bank on Peak Credit Basis

June 27, 2022 1113 Views 0 comment Print

Explore the case of Vakeel Ahmad against ITO, focusing on bank deposits, withdrawals, and the taxation of peak credit. Detailed analysis of the order by ITAT Lucknow for Assessment Year 2010-11.

Exemption u/s 11 not available as income hit by proviso to section 2(15)

June 25, 2022 2742 Views 0 comment Print

Held that exemption u/s 11 will not be available to an assessee if the total income of the assessee includes any income which is hit by the proviso to provisions of section 2(15) of the Act.

Cash Gift taxable in the year of receipt and not in year it was traced

June 23, 2022 1074 Views 0 comment Print

Gaurav Agarwal Vs DCIT (ITAT Lucknow) From the examination of documents found during search and seizure operation u/s. 132 of the Act the Assessing Officer observed that assessee had received cash gifts of Rs.5,38,000/- in the name of his minor son. The Assessing Officer issued show cause notice to explain the cash gift received of […]

Commodity Derivatives Trading loss can be Set Off against Regular Business Income

June 23, 2022 6261 Views 0 comment Print

Ramesh Verma Vs ACIT (ITAT Lucknow) ITAT held that Reading clause (e) of the first proviso to section 43(5), and sections 70(1) and 73(1) of the I.T. Act together, it emerges that in the assessee’s case, since a derivatives commodity trading transaction is not a speculative transaction, loss arising therefrom can very well be set […]

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