I had filed a return of income tax u/s 139(1).The AO(CPC) did not allow certain deductionswhich resulted in demand as per the intimaution under section143(1).Thereafter assessee moved an application for rectification u/s 154.The rectification application was rejected.Thereafter assessee filed an appeal before the CIT(Appeals) and also applied for rectification again. Appllication for rectification given second time is accepted by the AO(CPC) and it is in favour of the assessee My Query: Is it possible to withdraw the appeal before the CIT(Appeals) And How to do the process online
► Read Answer
In the case of the assessee co for A.Y 2014-15, Hon'ble ITAT has consider the additional ground about claim of educational cess as allowable expenditure on the basis of decision of jurisdictional HC and allowed the claim and directed the AO to ascertain the correct amount of education cess and then allow a deduction for it, after allowing opportunity of hearing to the assessee (Order of ITAT dated 17.08.2021) Department has filed an MA on 12.08.2022 on the ground that Tribunal has not considered the decision of Supreme Court in the case of CIT vs. K. Srinivasan (1972) 83 ITR…
► Read Answer
WHETHER AN APPEAL FILED BY NRI WOULD BE HEARD IN FACELESS MANNER OR IN PHYSICAL MODE? 2. WHETHER ASSESSMENT PROCEEDINGS IN THE CASE OF NRI WOULD BE HEARD IN FACELESS MANNER OR IN PHYSICAL MODE? 3. WHETHER BOTH APPEAL AND/ OR ASSESSMENT PROCEEDINGS ARE COVERED BY SECTION 144C ?
► Read Answer
In case of assessee who is engaged in construction activity, has incurred certain expenditure which he has claimed as revenue expenditure and included in the work in progress,as there was no sale. During the course of assemment proceedings AO completed the assessment by considering it as capital expenditure and he reduced the amount of such expenditure from the Work in progress. Assessee prepfered an appeal before CIT A on following ground : a. It is revenue expenditure only and claimed is correct and WIP is also correct. b. If it is not reevune expenditure, then allow it to be appropriated…
► Read Answer
PF/ESI deposited after due dates of respective Acts but before due date of filing ITR for A.Y. prior to A.Y. 21-22. Jurisdictional ITAT, Indore Bench consistently deleted the additions made on the above issue, holding that amendments made by Finance Bill 2021 on the above issues are not applicable before 31.03.2021. No subsequent order of Jurisdictional High Court of MP Revision u/s 264 filed before Jurisdictional P.C.I.T. Indore. Query Whether the order of Jurisdictional ITAT are binding in Revision u/s 264? Whether different view can be taken? Citation Please Thanks & Regards
► Read Answer
Assessee is engaged in the business of Real estate and claimed the deduction U/Sec. 80IB(10) on the housing projects . AO has disallowed the claim on the ground that assessee has violated the various conditions. CIT A has confirmed the disallowance. On further appeal, Hon'ble ITAT has partly allowed the appeal with certain directions. AO completed the set aside assessment and again disallowed the claim of the assessee on the ground that Department has filed an appeal against the order of ITAT before HC and same is pending and accordingly assessed the same income again. Whether action of the AO…
► Read Answer
SERVICE TAX ORDER PASSED RAISING DEMAND OF A PARTNERSHIP FIRM. SAID PARTNERSHIP FIRM IS ALREADY DISOLVED AND CLOSED IN YEAR 2018 AND NOT HAVING ANY RUNNING BANK ACCOUNT. Q1 - CAN THE SERVICE TAX APPEAL BE FILED WITHOUT MANDATORY PRE-DEPOSIT OF 7.5% OF DISPUTED DEMAND Q2. - IF ONE OF THE PARTNERS PAYS 7.5% OF DEPOSIT UNDER SERVICE TAX REGISTRATION OF APPELLANT PARTNERSHIP FIRM AND IF THE APPEAL SUCCEDS AND THE FIRM IS ELIGIBLE TO CLAIM REFUND - IN WHICH BANK ACCOUNT SUCH REFUND WILL BE ISSUED? Q3. CAN PARTNERSHIP FIRM/APPELLANT INSTRUCT THE DEPARTMENT TO ISSUE REFUND OF PRE-DEPOSIT ON…
► Read Answer
What is the remedy for assessee if appeal effect order is not given correctly by AO on ITAT orders and the same resulted in lower refunds and interest thereon.
► Read Answer
The assessee had issues that had gone to ITAT for ASST YEAR 2006-07 and thereafter AO gave appeal effect order.THEREAFTER the AO compared normal income and 115JB calculations .However in 115JB calculations the AO ignored 88E which per settled law is allowable from tax on 115JB income(PER KARNATAKA HC AND DELDI HC).The AO granted LOWER refunds on basis of 115JB calculations as it is higher on TAXABILITY as rebate was denied of section 88E from tax on 115JB.BEFORE CIT(A) AND ITAT 88E AND 115JB THINGS WERE CONSEQUENTIAL ISSUE AS STT AND NON STT INCOME CALULATIONS WERE MAIN ISSUES. QUESTIONS 1.WHAT…
► Read Answer
Can AO file second appeal before ITAT against order of CIT[A] 1] when his predecessor accepted in remand report that correct quantum of addition was below low tax effect & 2] and CIT [a] deleted addition on merits ?
► Read Answer
Withdrawal of appeal filed before CIT(Appeals)