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Consequences when AO reopen the case only on the basis of valuation report or when no addition is made on account of reason recorded? ITAT CHANDIGARH passed the order in the case of FATEH HOMES PVT. LTD. vs. ITO ON 16.6.2021. IN FAVOUR OF ASSESSEE. IT-CASES-246-2021.

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18 total views Consequences when AO reopen the case only on the basis of valuation report or when no addition is made on account of reason recorded? ITAT CHANDIGARH passed the order in the case of FATEH HOMES PVT. LTD. vs….
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147, 148, 151, 151(1), AY 2009-10, AY 2010-11, AY 2011-12, borrowed satisfaction, Chandigarh ITAT, Concealment of income, In Favour of Assessee, Reason recorded, Reassessment

Section 147,148, 151 Consequences when the A.O. mentioned wrong Section, wrong facts in the reasons for reopening of the assessment and acted in a mechanical manner without application of mind. ITAT Delhi in the case of Maheshwari Roller Flour Mills Pvt … vs Ito on 17 December, 2020 AY 2009-10. In favour of assessee. ITA.No.4257/Del./2019.

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21 total views Section 147,148, 151 Consequences when the A.O. mentioned wrong Section, wrong facts in the reasons for reopening of the assessment and acted in a mechanical manner without application of mind. ITAT Delhi in the case of Maheshwari Roller…
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147, 148, 151, 151(1), AY 2009-10, Concealment of income, Disposal of objection, In Favour of Assessee, Reassessment, Speaking order

Section 147,148, 151. Consequences when the Ld. AO failed to provide the complete Annexures which are the basis for reopening ? The ITAT Delhi passed the order on 15 January, 2020 in the case of Behat Holdings Ltd., New Delhi vs Ito Ward-4(3), New Delhi Order in the favour of the assessee. ITA.No.8066/Del./2019.

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277 total views Section 147,148, 151. Consequences when the Ld. AO failed to provide the complete Annexures which are the basis for reopening ? The ITAT Delhi passed the order on 15 January, 2020 in the case of Behat Holdings Ltd.,…
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147, 148, 151, 151(1), AY 2010-11, borrowed satisfaction, Concealment of income, Decisions, Delhi, Delhi Tribunal, In Favour of Assessee, ITAT Delhi, Order Quashed

What are the consequences if Notice u/s 148 is issued before approval under section 151(1)? ITAT Ahmedabad passed the order on 4 June, 2021. in the case of OMPRAKASH KANAYALAL SHAH vs. ITO Section 147,148,151(1). https://www.bpmundraca.com/it-cases-243-2021/

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74 total views OMPRAKASH KANAYALAL SHAH vs. INCOME TAX OFFICER IN THE ITAT AHMEDABAD BENCH ‘SMC’ RAJPAL YADAV, VP. ITA No. 1813/Ahd/2018 Jun 4, 2021 Section 147, 148, 151(1) AY 2010-11 Decision in favour of: Assessee What are the consequences if…
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147, 148, 151, 151(1), Ahmedabad Tribunal, AY 2010-11, In Favour of Assessee, Order Quashed

Section 69: NO ADDITION CAN BE MADE ONLY ON THE BASIS OF INFORMATION RECEIVED When affidavit is filed and statement on oath is submitted by the assessee unless proved otherwise. ITAT- Mumbai. Shri Mohan Thakur, Mumbai vs A.C.I.T. Cent. Cir. 8(4), Mumbai on 24 May, 2021. https://www.bpmundraca.com/it-cases-242-2021/

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115 total views Income Tax Appellate Tribunal – Mumbai Shri Mohan Thakur, Mumbai vs A.C.I.T. Cent. Cir. 8(4), Mumbai on 24 May, 2021 THE INCOME TAX APPELLATE TRIBUNAL “D” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Amarjit Singh (JM) I.T.A….
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69, AY 2009-10, AY 2010-11, AY 2011-12, AY 2012-13, AY 2013-14, borrowed satisfaction, In favour of Assessee (Partly), ITAT Mumbai

Consequences when the Assessing Officer was not specific as to on what basis the Assessing Officer has the reason to believe that the income of the assessee has escaped assessment. Answer was given in the case of DUGGAL ESTATES PVT. LTD. & ANR. vs. ITO ITAT DELHI, May 24, 2021, Section 147, 148 AY 2009-10. https://www.bpmundraca.com/it-cases-241-2021/

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127 total views Consequences when the Assessing Officer was not specific as to on what basis the Assessing Officer has the reason to believe that the income of the assessee has escaped assessment. Answer was given in the case of DUGGAL…
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147, 148, Assessment is Null and void, AY 2009-10, Delhi Tribunal, Disposal of objection, In Favour of Assessee, Reason recorded, Speaking order

The question in the present case is as to whether the information received from the investigation wing/search team would constitute ‘reason to believe’ empowering the Assessing Officer to reopen the assessment u/s 147/148. Answer is given by ITAT Ahmedabad on 12/11/2020 in the case of Hitesh Ashok Vaswani Vs DCIT. https://www.bpmundraca.com/it-cases-240-2021/

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128 total views Reopening u/s 147/148 at the instance of information received from DDI wing Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad) Appeal Number : IT(SS)A No. 118 to 123/Ahd/2019 Date of Order : 12/11/2020 AY: 2009-10 to 2014-15 The…
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147, 148, 151, 153, Ahmedabad Tribunal, AY 2009-10, AY 2010-11, AY 2011-12, AY 2012-13, AY 2013-14, AY 2014-15, borrowed satisfaction, Concealment of income, In Favour of Assessee, In favour of Assessee (Partly)

Can Ld. AO disallow the certain percentages of expenses when the expenses are supported only by self made vouchers and AR agreed to disallowance without pointing out any specific instances of unverifiable element therein? ITAT Kolkata decided on Apr 28, 2021. Section 143(3). Kindly click the link to get the order. https://www.bpmundraca.com/it-cases-239-2021/

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199 total views Can Ld. AO disallow the certain percentages of expenses when the expenses are supported only by self made vouchers and AR agreed to disallowance without pointing out any specific instances of unverifiable element therein? ITAT Kolkata decided on Apr…
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143(3), AY 2011-12, Disallowance, Disallowance of expenses, In Favour of Assessee, ITAT, Kolkata tribunal

What to do when GST TRAN-1 was filed incorrectly? Click to get order-GUJARAT HIGH COURT on Mar 18, 2021.

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128 total views What to do when GST TRAN-1 was filed incorrectly? Answer is given by the HIGH COURT OF GUJARAT in the case of PRECISION GASIFICATION SERVICES PVT. LTD. vs. UNION OF INDIA on Mar 18, 2021 PRECISION GASIFICATION SERVICES…
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140(1), 140(1), Article 265, CGST, GST, GST TRAN-1

To take the benefit of section 54F, unutilized portion of the capital gain on the sale of property used for residence should be deposited before the date of furnishing the return of tax under Section 139 as mentioned in section 54(2). Therefore, Section 139 cannot be confined only to the provisions of the Section 139(1), but it includes all the sub section of Section 139. In the case of DIPAL SURESHBHAI PATEL vs. INCOME TAX OFFICER. ITAT AHMEDABAD on Apr 15, 2021. Section 54F, 139, 143(3), 54(2). In favour of the assessee. Ca BPMUNDRA

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205 total views DIPAL SURESHBHAI PATEL vs. INCOME TAX OFFICER IN THE ITAT AHMEDABAD BENCH ‘C’ WASEEM AHMED, AM & MADHUMITA ROY, JM. ITA No. 387/Ahd/2018 Apr 15, 2021 Section 54F, 139, 143(3), 54(2) AY 2014-15 Decision in favour of: Assessee…
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139, 139(1), 139(4), 143(3), 54, 54(2), 54F