Tag: undisclosed income

Penalty u/s 271AAA(1) not leviable on undisclosed income offered during assessment proceedings and not during search – Supreme Court.  In a recent judgment, the Hon’ble Supreme Court held that penalty u/s 271AAA(1) was not leviable when assessee offered undisclosed income during the course of assessment proceedings only and …

Provisions of section 69 not applicable on the profit from trading of speculative Transactions In a recent judgment, ITAT has held that provisions of section 69 of the Income Tax Act, 1961 (the Act) not applicable on the profit from trading of speculative Transactions, hence higher rate of …

Phenomenal LTCG in short period possible only through a colorable device – ITAT upheld taxing LTCG as income from undisclosed income ABCAUS Neutral Case Law Citation:ABCAUS 3687 (2023) (03) ITAT Important Case Laws relied upon by parties:Sanjay Bimalchand Jain vs. CITSurya Prakash Toshniwal (HUF) vs ITOCIT vs. Durga …

Higher consumption of electricity by itself is not a ground to infer suppression of production by the assessee ABCAUS Case Law Citation ABCAUS 3603 (2022) (06) ITAT Important case law relied referred:Prinik Steels Private LimitedITO vs. Satyanarayan PareekCIT vs. Gajalaxmi Steel Pvt. Ltd.CIT vs.  Khambhatta Family Trust In …

For difference of receipts as per 26AS and books of account, only embedded portion of profits can be added to the income ABCAUS Case Law CitationABCAUS 3540 (2021) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition …

Undisclosed sales being excess turnover reported in service tax return. Tribunal set aside the addition for de novo proceedings In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming addition made by the Assessing Officer (AO) towards undisclosed sales on the basis …

Market value of stock instead of cost no basis to determine undisclosed income. Penalty u/s 271AAB not mandatory ABACUS Case Law CitationABCAUS 3363 (2020) (08) ITAT Important case law relied upon by the parties:M/s Sumangal Gems vs. DCIT In the instant case, the assessee had challenged the order …

No Penalty u/s 271AAB unless undisclosed income found from seized material. Disclosure made in statement u/s 132(4) not sufficient to levy penalty ABACUS Case Law CitationABCAUS 3360 (2020) (08) ITAT Important case law relied upon by the parties:Ravi Mathur vs. DCITDinesh Kumar Agarwal vs. ACITRaja Ram Maheshwari vs. …

Cash Payments itself not undisclosed income of assessee in the absence of corresponding asset found at the time of search. ITAT deleted penalty u/s 271AAB. ABCAUS Case Law Citation: ABCAUS 3035 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: NTPC vs. CIT 229 ITR 383 …

Capital introduced by partner can not be taxed in firms hand as undisclosed income. It could be added in the hands of partners only – ITAT ABCAUS Case Law Citation: ABCAUS 2866 (2019) (04) ITAT Important Case Laws Cited/relied upon by the parties India Rice Mills vs. CIT …