Monthly Archive: August 2021

Question: Q.The search in the premises of the assessees is on the basis of warrant issued in the name of B. The AO without applying his mind consciously and mandatorily had not stated in the satisfaction note that the seized documents belong to “other person” i.e; the assessee. The question is that without recording such a satisfaction can AO initiate proceedings against the “other persons i.e; the assessee” u/s 153C of the Act. ITAT Banglore Bench passed the order on Jul 30, 2021 in the case of ARSHAD ISPAT & ANR. vs. DCIT. Section 139, 147, 148, 149, 151, 153C

ARSHAD ISPAT & ANR. vs. DEPUTY COMMISSIONER OF INCOME TAX & ANR. IN THE ITAT BANGALORE BENCH ‘C’ N. V. VASUDEVAN, VP & B. R. BASKARAN, AM. ITA No. 926/Bang/2015, 928 & 929/Bang/2015, 930 & 931/Bang/2015 Jul 30, 2021 Section…
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132, 153C, AY 2008-09, AY 2009-10, AY 2010-11, Bangalore Tribunal, borrowed satisfaction, In Favour of Assessee, incriminating material, Other person, Satisfaction, Satisfaction Note, Search and seizure

August 10, 2021

Q.Is confirming of dis-allowance for Delayed deposit of employees contribution to PF and ESI u/s 36(1)(va) read with Section 2(24)(x) of the IT Act, 1961 despite the assessee contributing/depositing the same before the due date of filing of return of income u/s 139(1) of the Act is justified after amendments in Explanation 5 of the section 43B.

Q.Is confirming of dis-allowance for Delayed deposit of employees contribution to PF and ESI u/s 36(1)(va) read with Section 2(24)(x) of the IT Act, 1961 despite the assessee contributing/depositing the same before the due date of filing of return of…
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36(1)(va), 43B, Articles

Is confirming of dis-allowance for Delayed deposit of employees contribution to PF and ESI u/s 36(1)(va) read with Section 2(24)(x) of the IT Act, 1961 despite the assessee contributing/depositing the same before the due date of filing of return of income u/s 139(1) of the Act is justified after amendmends in Explanation 5 of the section 43B. The ITAT- Kolkata in the case of Harendra Nath Biswas, Kolkata vs Dcit, Cir. 29, Kolkata on 16 July, 2021 ITA No.186/Kol/2021 decided the issue in favour of the assessee.

Income Tax Appellate Tribunal – Kolkata Harendra Nath Biswas, Kolkata vs Dcit, Cir. 29, Kolkata on 16 July, 2021 ITA No.186/Kol/2021 1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA [Before Shri P. M .Jagtap, Vice-President (KZ) and Shri…
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36(1)(va), 43B, AY 2019-20, In Favour of Assessee, Kolkata tribunal