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Addition U/S 68 for Unexplained Cash Credit Unjustified as Sale of Shares Reflected in P&L

August 28, 2024 1122 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit unjustified as sale consideration of shares duly reflected in the profit and loss account of the assessee.

Shares held for exactly 12 months treated as long term as date of transfer included in holding period: ITAT Mumbai

August 28, 2024 1575 Views 0 comment Print

ITAT Mumbai held that holding period of the capital goods includes the date on which asset is acquired and also date of sale/ transfer of the same. Accordingly, shares held for exactly 12 months treated as long term.

Request to restore matter not granted as matter not represented by assessee since long time: ITAT Raipur

August 28, 2024 549 Views 0 comment Print

ITAT Raipur held that law will help only those who are vigilant and will not assist the one who are careless. Accordingly, request of assessee to restore matter back not granted as assessee has chosen not to represent its matter for more than 08 years.

Prima Facie Belief Required with Tangible Material Showing Income Escaped Assessment- Section 147/148

August 28, 2024 933 Views 0 comment Print

Assessee, an individual, had deposited cash in his bank account. During assessment, AO observed that assessee had entered into share transactions and earned income from commodities through Multi Commodity Exchange.

Section 263 Revision Justified Due to AO’s Inadequate Inquiry: ITAT Ahmedabad

August 27, 2024 693 Views 0 comment Print

ITAT Ahmedabad held that non application of mind or wrong assumption of facts or incorrect application of law by the A.O. will make the order erroneous and pre-judicial to the interest of revenue. Thus, as order passed without adequate inquiry, revision u/s. 263 justified.

Section 263 Jurisdiction Not Upheld as Assessment Order Issued to Non-Existing Assessee: ITAT Mumbai

August 27, 2024 777 Views 0 comment Print

ITAT Mumbai held that PCIT grossly erred in assuming jurisdiction u/s. 263 of the Income Tax Act as assessment order has been framed in the name of a non-existing assessee.

If Assessee Denies Transaction, onus shifts to AO to prove allegation with positive evidence

August 27, 2024 1935 Views 0 comment Print

ITAT Pune nullifies AO’s Rs.3.36 lakh addition for cash purchases, citing lack of evidence and failure to provide requested information.

SC decision on condonation of delay followed by Mumbai Tribunal & matters remanded

August 27, 2024 1326 Views 0 comment Print

ITAT Mumbai condones delay in Jayesh Hirji Savla’s case, following Supreme Court principles on substantial justice, and remands the matter for reassessment.

Deletion of Unexplained Cash Without Proper Verification Unjustified; Matter Restored: ITAT Raipur

August 27, 2024 585 Views 0 comment Print

ITAT Raipur held that CIT(A) deleted the addition towards unexplained cash under section 68 of the Income Tax Act without proper verification of the facts and evidences and thus the matter restored back to the file of AO for adequate verifications.

Section 11 Exemption Can’t Be Denied for Late Filing of Form 10B Audit Report: ITAT Delhi

August 27, 2024 2388 Views 0 comment Print

ITAT Delhi held that not filing of Audit Report in Form 10B alongwith the return of income is a procedural omission only and cannot be impediment in law in claiming the exemption under section 11 of the Income Tax Act.

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