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Section 115BBE

Latest Articles


Taxation of Physical Gold, Paper Gold & Gold Derivatives in India

Income Tax : Explore the intricacies of gold taxation in India, covering physical gold, paper gold, gold derivatives, inheritance tax, and comp...

May 6, 2024 1563 Views 0 comment Print

Understanding Section 68 of Income Tax Act: Unexplained Cash Credit Explained

Income Tax : Unlock the intricacies of Section 68 of the Income Tax Act, unraveling the nuances of unexplained cash credits. Delve into its ame...

September 7, 2023 6084 Views 1 comment Print

Section 115BBE needs Relook: Know Misuse, Consequences & Judicial Precedents

Income Tax : Explore the implications of taxation under section 115BBE, including misuse of sections 68 to 69D, consequences of high tax rates,...

August 12, 2023 17685 Views 0 comment Print


Latest Judiciary


Cash Deposits During Demonetization Don’t Automatically Taint Assessee

Income Tax : Merely because certain cash was deposited in the specified bank notes by the assessee during the demonetization period will not ma...

July 14, 2024 564 Views 0 comment Print

ITAT allows taxation of excess stock & unexplained marriage expenses as business Income

Income Tax : Discover the ITAT Chennai verdict on Santhilal Jain Vijay Kumar Vs ITO, addressing taxation on excess stock and unexplained marria...

June 29, 2024 573 Views 0 comment Print

Assessment not erroneous if AO adopts plausible view despite PCIT’s different opinion

Income Tax : If AO adopts a plausible view, even if two views are possible, the assessment cannot be deemed erroneous merely because the PCIT h...

June 27, 2024 198 Views 0 comment Print

Income voluntarily surrendered during survey related to business is taxable as business Income

Income Tax : Understand Parmod Singla Vs ACIT (ITAT Chandigarh) case on excess stock surrendered during survey and its tax implications under ...

June 27, 2024 207 Views 0 comment Print

Section 69B & 115BBE inapplicable to Investments with source Disclosed in Books & Tax Returns

Income Tax : Read the detailed analysis of the ITAT Chandigarh verdict on DDK Spinning Mills vs DCIT, focusing on the implications of Section 6...

June 27, 2024 252 Views 0 comment Print


Error in linking of PAN in Bank Account – ITAT deletes addition

June 25, 2023 774 Views 0 comment Print

The ITAT in Delhi has directed a re-adjudication in the case of Kishan Singh & Associates Vs ITO involving an addition made by AO under sections 69A and 115BBE of the Income Tax Act due to non-filing of ROI.

Addition u/s 68 on mere presumptions and suspicion is bad in law

June 24, 2023 2964 Views 0 comment Print

ITAT Raipur held that addition u/s 68 towards unsecured loan received by assessee treating the same as bogus based on mere presumptions and suspect is bad in law and liable to be set aside.

Revision u/s 263 unsustainable as plausible approach adopted by AO cannot be labeled as erroneous

June 21, 2023 612 Views 0 comment Print

ITAT Delhi held that plausible approach adopted by AO cannot be labeled as erroneous. Hence, revisionary order under section 263 of the Income Tax Act is unsustainable in law.

Deduction u/s 80P eligible towards grants from West Bengal State Government to cooperative societies

June 14, 2023 381 Views 0 comment Print

ITAT Kolkata held that grants from the West Bengal State Government to cooperative societies are not income from other sources and eligible for deduction under section 80P of the Income Tax Act, 1961.

Disallowance of genuine depreciation claim on very flimsy reason is unjustified

June 12, 2023 600 Views 0 comment Print

ITAT Delhi held that disallowance of genuine claim of depreciation merely because the depreciation figure is not reflected in column no. 45 of ITR is unsustainable in law. Action of lower authorities of disallowing the genuine claim of depreciation on a very flimsy reason is unjustified.

Unexplained money received back via banking channel in form of sale consideration taxable u/s 115BBE

June 8, 2023 915 Views 0 comment Print

ITAT Raipur held that unexplained money u/s 69A of the Income Tax Act was received back through banking channel in the form of sale consideration of the shares. Accordingly, the same has to be brought to tax u/s 115BBE of the Income Tax Act.

Section 271AAC Penalty not applicable if tax under section 115BBE is nil

June 8, 2023 5388 Views 0 comment Print

ITAT Hyderabad in case of Shri Vijay Kumar Reddy Vs ACIT held that section 271AAC penalty not applicable if tax under section 115BBE of Income Tax Act is nil

Additional income once accepted cannot be later rectified and taxed as per section 115BBE

May 27, 2023 4755 Views 0 comment Print

ITAT Hyderabad held that once additional income offered during survey was simply accepted and assessment order was passed u/s 143(3) of the Income Tax Act without invoking provisions of section 115BBE. Then, provisions of section 115BBE cannot be invoked via rectification as per section 154.

Amendment to section 115BBE cannot be applied to search conducted prior to effective date

May 25, 2023 1632 Views 0 comment Print

ITAT Surat held that provision of section 115BBE of the Income Tax Act as amended vide Taxation Laws (Second Amendment) Bill 2016 which is effective from 01.04.2017 cannot be applied to search conducted prior to the effective date.

Amount received as consequence of divorce cannot be held as unexplained cash credit u/s 68

May 21, 2023 714 Views 0 comment Print

ITAT Raipur held that amount received as a consequence of divorce from the ex-husband could not be held as an unexplained cash credit u/s.68 of the Act, and accordingly cannot be brought to tax u/s.115BBE of the Act.

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