News
Only Profit Margin on Unrecorded Sales Taxable under Sec. 69 A: ITAT Dismissed Revenue's Appeal [Read Order]
1+ day, 12+ hour ago (361+ words) In a recent ruling, the Income'Tax'Appellate'Tribunal (ITAT),'Nagpur'Bench, has held that only the profit margin embedded in unrecorded cash sales can be taxed under Section'69 A of the Income'Tax'Act,'1961, and dismissed the revenue's appeal. The case arose after a search…...
Form 26 AS Receipts Cannot Be Treated as Taxable Turnover Without Proper Reconciliation: ITAT [Read Order]
1+ day, 11+ hour ago (378+ words) The Income Tax Appellate Tribunal (ITAT), Nagpur Bench, remanded the issue relating to determination of taxable turnover after observing that the AO had proceeded primarily on the basis of receipts reflected in Form 26 AS without proper reconciliation with books of…...
Capital Gains Addition in Reassessment Cannot Be Upheld Where Sale Transactions Are Under Dispute: ITAT [Read Order]
1+ day, 10+ hour ago (328+ words) The Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench, restored the matter to the CIT(A) after observing that the assessee had produced documents indicating that disputed immovable property transactions were subject matter of civil litigation. The assessee, Rameshbhai Rayjibhai Parmar, had…...
Bona Fide Mistake in Withdrawal of Appeal Does Not Defeat Vivad Se Vishwas Settlement: ITAT [Read Order]
1+ day, 9+ hour ago (311+ words) The Income Tax Appellate Tribunal (ITAT), Visakhapatnam SMC Bench, set aside the order passed by the CIT(A) after observing that the dispute had already been settled under the Direct Tax Vivad Se Vishwas Scheme, 2020 and that the assessee had mistakenly…...
One-to-One Correlation Between Corresponding Purchases and Sales Bars Bogus Purchase Addition: ITAT [Read Order]
1+ day, 9+ hour ago (394+ words) The Income Tax Appellate Tribunal (ITAT), Patna Bench, deleted additions made towards alleged bogus purchases and bogus sales after finding that the assessee had established one-to-one correlation between corresponding purchases and sales and the Revenue had failed to establish that…...
Penalty for 'Under-reporting' done in accordance with Section 270 A not sustainable: ITAT underlines difference from 'Misreporting' of Income
1+ day, 12+ hour ago (221+ words) The Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench, noted the distinction between "misreporting" and "under-reporting" of income and held that the penalty under Section 270 A cannot be sustained for under-reporting. The facts reveal that the assessee, Hiro Mulchand Tanwani, claimed…...
NCLT Holds Loan Carries Time Value of Money, Admits Insolvency Plea against Online Gaming Firm Over "2. 81cr Loan Default
2+ day, 4+ hour ago (150+ words) Taxscan In a recent ruling, the National Company Law Tribunal, Kolkata Bench, has held that the loan advanced to online gaming firm Omnibay'Private'Limited carried the "time value of money," thereby qualifying as a financial debt under Section'7 of the Insolvency…...
Excess GST ITC Benefit Given to Some Homebuyers Cannot Offset Shortfall to Others: GSTAT Holds Real Estate Company Liable
2+ day, 7+ hour ago (577+ words) In a recent ruling, the Principal Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) at New Delhi held that company failed to pass on full GST input tax credit (ITC) benefit to eligible homebuyers in its real estate…...
Invalid Jurisdiction against Deceased Person as Proceedings were initiated u/s 142, not u/s 159 for Legal Representatives: ITAT allows appeal [Read Order]
2+ day, 10+ hour ago (224+ words) The Income Tax Appellate Tribunal (ITAT), Hyderabad Bench, allowed an appeal as the jurisdiction applied was invalid against a non-existent/deceased person. The proceedings were initiated under Section 142 not Section 159 in which is the jurisdiction for legal representatives. The assessee,…...
PACS Transactions Routed Through Personal Account Require Verification Before Addition u/s 69: ITAT [Read Order]
2+ day, 11+ hour ago (340+ words) The Income Tax Appellate Tribunal (ITAT), Hyderabad Bench, remanded addition made under Section 69 of the Income Tax Act after finding that the issue required verification of bank transactions and correlation of deposits and payments relating to PACS activities. The assessee,…...