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ITAT Lucknow

Accountant not become technical person for writing Accounts of 2 firms

July 30, 2022 18015 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 615 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 2154 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 2337 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 846 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 2289 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 705 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 5634 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 […]

Cause of delay material for granting condonation not length of delay

June 23, 2022 2394 Views 0 comment Print

Length of delay is not a material to condone the delay and rather the cause of delay is to be considered for condonation of the delay.

Delay in filing of Form 10 – ITAT directs CIT(E) to re-­examine the reasons for failure

June 20, 2022 2640 Views 0 comment Print

Bhalchandra Educational Trust Vs CIT (Exemptions) (ITAT Lucknow) CBDT vide Circular No. 7/2018 dated 20/12/2018 has issued directions for condonation of delay u/s 119(2)(b) of the Act in filing of Form 10 and Form 9A for assessment year 2016-17. The analysis of directions of CBDT vide this circular reveals that since assessment year 2016-17 was the […]

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