S. 80G : Donation-Delay in filing the application-Tribunal has the power to condone the delay-Delay is condoned-Matter is remitted to CIT( E) to decide application afresh on merits.[Form No 10AB, 80G(5), 254(1)]
S. 80G : Donation-Delay in filing the application-Tribunal has the power to condone the delay-Delay is condoned-Matter is remitted to CIT( E) to decide application afresh on merits.[Form No 10AB, 80G(5), 254(1)]
S. 80G : Donation-Provisional approval-Date of application-Final approval cannot be rejected on the ground that institution had already commenced its activities even prior to grant of provisional registration.[S.80G(5) Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020]
S. 70 : Set off of loss-One source against income from another source-Same head of income-Short term capital loss-Under provisions of section 70(2), STCL arising from any asset could be set off against STCG arising from any other asset under a similar computation made irrespective of different rate of tax. [S.70(2)]
S. 69C : Unexplained expenditure-Purchases-Submitted addresses, GST No. PAN No., amount of purchases (Net of VAT), bill/voucher/challan issued by parties mentioned details of assessee, excise duty paid, details of truck/challan no., order no. etc.-Payment were made through cheques-Notice sent under section 133(6) through ITBA portal was not responded-Purchases cannot be treated as non-genuine merely because the parties have not responded to notice sent under section 133(6) Addition is deleted. [S. 133(6)]
S. 69A : Unexplained money-Demonetization-Cash deposited-Bank account-Registered dealer under VAT Act-Addition is deleted as regards cash deposit and net profit is restricted to 3% of turnover as against 8% estimated by the Assessing Officer.[S.44AD]
S. 69A : Unexplained money-Search-Gold jewellery-Surrender of income-Gold and silver seized-CBDT Instruction-500 gms-Addition is deleted-Cash of Rs. 1lakh-Addition is deleted. [S. 132(4)]
S. 69 : Unexplained investments-Seized documents-Hard disk-Investment in shares under FDI route-Allegation of Hawala-Source of source also explained-Addition were made on merely based on suspicion-Addition is deleted.[S.153C, 292C]
S. 68 : Cash credits-Share capital and share premium-Furnished copy of certificate of incorporation along with MOA and AOA, auditor’s report, balance sheet, trading and profit and loss account-Addition is deleted.[S. 56(2)(viib), R.11UA]
S. 61 : Revocable transfer of assets-Trust-Settlor-Income arising from revocable transfer of assets is taxable in hands of transferor, i.e., settler of revocable trust and it is to be clubbed in total income of transferor and not in total income of transferee of assets-Addition is deleted. [S. 62 63, 148]
S. 56 : Income from other sources-Share premium-Valued as per Rule 11UA(2)(b)-Discount Cash Flow Method (DCF)-The rejection of valuation is set aside. [S. 56(2)(viib), R.11UA]