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#31
Discussion / Re: ITAT Delhi rejects Adjourn...
Last post by brett_lee38 - August 21, 2020, 05:16:34 PMIt appears that ITA No is wrong, kindly correct it
#32
Discussion / ITAT Delhi rejects Adjournment...
Last post by Rohittiwarica@gmail.com - August 18, 2020, 07:18:01 PMDear Members
i would like to have your opinion/view of the view taken by the Honb'le Delhi ITAT. The adjournment application was rejected and dismissed the matter which has the exparte CIT(A) order. It was assured by the Hon'ble President of ITAT in the guidelines for hearing through video conferencing that no adverse action will be taken if the adjournment is sought one day before. All the guidelines were dully followed even though the adjournment was rejected. The bench did not even set aside the matter to CIT(A) as the CIT(A) order was an ex-parte order. The appellant attended the hearings before the CIT(A), he dismissed the matter within a period of 3 months in great haste. The ITAT has also passed this order in great haste while there was no hurry to dispose the matter in covid lockdown. In order to provide fair justice and as act of mercy, ITAT generally set asides the exparte order to the lower authorities. However, in this case the bench did not find any merit while the CIT(A) passed the ex parte order in just 3 herarings.
In this order, the bench also did not adjudicate the ground taken against section 148.
The DR even did not object the adjournment. The reason for seeking the adjournment before was that the Ld. AO refused to provide the assessment records.
ITAT is final fact finding authority, ITAT has power to direct the AO to produce assessment records. In this case the ITAT in utter haste decided the matter against the assessee instead the AO may be directed to produce the records as the AO refused to provide the records to the Assessee.
Covid is creating so much health and financial problems to all of us, and during this hard time bench has taken the most harsh view against the assessee. Even there is guidelines by the Hon'ble apex court of the country that no adverse order will be passed during covid if the counsel is not able to represent. But the Hon'ble bench didnot give any consideration to the guidelines of Hon'ble Supreme Court and Hon'ble President of ITAT.
JAWALA STRIPS & TUBES PRIVATE LIMITED
ITA NO. 1681/DEL/2019
Please see the detailed facts in the attached file
ITAT order and VC hearing guidelines also attached
i would like to have your opinion/view of the view taken by the Honb'le Delhi ITAT. The adjournment application was rejected and dismissed the matter which has the exparte CIT(A) order. It was assured by the Hon'ble President of ITAT in the guidelines for hearing through video conferencing that no adverse action will be taken if the adjournment is sought one day before. All the guidelines were dully followed even though the adjournment was rejected. The bench did not even set aside the matter to CIT(A) as the CIT(A) order was an ex-parte order. The appellant attended the hearings before the CIT(A), he dismissed the matter within a period of 3 months in great haste. The ITAT has also passed this order in great haste while there was no hurry to dispose the matter in covid lockdown. In order to provide fair justice and as act of mercy, ITAT generally set asides the exparte order to the lower authorities. However, in this case the bench did not find any merit while the CIT(A) passed the ex parte order in just 3 herarings.
In this order, the bench also did not adjudicate the ground taken against section 148.
The DR even did not object the adjournment. The reason for seeking the adjournment before was that the Ld. AO refused to provide the assessment records.
ITAT is final fact finding authority, ITAT has power to direct the AO to produce assessment records. In this case the ITAT in utter haste decided the matter against the assessee instead the AO may be directed to produce the records as the AO refused to provide the records to the Assessee.
Covid is creating so much health and financial problems to all of us, and during this hard time bench has taken the most harsh view against the assessee. Even there is guidelines by the Hon'ble apex court of the country that no adverse order will be passed during covid if the counsel is not able to represent. But the Hon'ble bench didnot give any consideration to the guidelines of Hon'ble Supreme Court and Hon'ble President of ITAT.
JAWALA STRIPS & TUBES PRIVATE LIMITED
ITA NO. 1681/DEL/2019
Please see the detailed facts in the attached file
ITAT order and VC hearing guidelines also attached
#33
Discussion / Need a help
Last post by Ryan1 - August 03, 2020, 08:46:25 PMHas an appeal filed before the Supreme Court against the order of the Panaji Bench of the Bombay High Court holding that even prior to insertion of Explanation 5 in section 32 the claiming of depreciation is mandatory?
#34
Discussion / Re: Mutual benefit Society
Last post by sai prasad - July 17, 2020, 04:25:05 PMSINCE IT IS NEITHER REGISTERED U/S11 NOR FALLS U/S 10 FORMS 5 IS APPLICABLE
#35
Discussion / HD NOTES DEPOSITED ON DIFFEREN...
Last post by sai prasad - July 10, 2020, 05:32:10 PMTHE ASSESSEE MAINTAIN BOOKS AND IN THE EARLIER YEAR HE WITHDREWIN LUMPSUM ON 31.03.2016 RS.3500000/- THAT WAS BROUGHT BACK INTO BOOKS AT THE TIME OF DEPOSIT OF HD NOTES THE A.O DISBELIEVED AND HELD THAT THE HD NOTES SHOUDL HAVE BEEN DEPOSITED IMMEDIATELY AFTER ITS BAN. PLEASE GIVE ANY JUDGEMENTS IN FAVOUR OF THE ASSESSEE.
#36
Discussion / Mutual benefit Society
Last post by sanjeev_ca2001 - June 10, 2020, 05:05:02 PMCan a mutual benefit society file ITR form 7 or is it necessary for ot to file ITR form 5 only? Please explain.
#37
Discussion / Three Legal issues answered : ...
Last post by subash agarwal - May 13, 2020, 05:35:19 PMFROM MY ARCHIVES-ITAT, KOLKATA UNREPORTED DECISIONS ( Part 6)
https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT
https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT
#38
Collection of important & evergreen judgements, circulars, articles etc / Legal Maxims applicable to inc...
Last post by subash agarwal - May 13, 2020, 05:31:13 PMLegal Maxims applicable to income tax proceedings- analysis
tap the link
https://subashagarwal.blogspot.com/search/label/Legal%20Maxims
tap the link
https://subashagarwal.blogspot.com/search/label/Legal%20Maxims
#39
Collection of important & evergreen judgements, circulars, articles etc / Answer
Last post by StevenNat - May 12, 2020, 11:58:11 PMGreat :)
#40
Discussion / Three legal issues answered
Last post by subash agarwal - May 10, 2020, 05:06:43 PMFROM MY ARCHIVES-ITAT, KOLKATA UNREPORTED DECISIONS ( Part 5)
https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT
Three legal issues answered -
1)Whether where genuineness of payments made to the party is not doubted by the Revenue, the provisions of section 40A(3) could be made applicable ?
2)Whether stamp duty and registration charges paid on acquiring leasehold premises for showrooms are allowable as revenue expenditure ?
3)Whether depreciation of scanner and router is to be charged at the reate applicable to computers i.e @60% .
https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT
Three legal issues answered -
1)Whether where genuineness of payments made to the party is not doubted by the Revenue, the provisions of section 40A(3) could be made applicable ?
2)Whether stamp duty and registration charges paid on acquiring leasehold premises for showrooms are allowable as revenue expenditure ?
3)Whether depreciation of scanner and router is to be charged at the reate applicable to computers i.e @60% .