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Debatable issue cannot be rectified u/s. 154 of the Income Tax Act

November 17, 2023 2196 Views 0 comment Print

ITAT Chennai held that only the mistake apparent from record which can be rectified but where two views are possible or there is a debate available, it cannot be rectified u/s.154 of the Income Tax Act.

Exemption u/s. 11 not deniable as no violation of proviso to provision of section 2(15)

November 17, 2023 1035 Views 0 comment Print

ITAT Chennai held that revision order u/s. 263 unjustified and liable to be quashed as no findings which proves that there is a violation of the proviso to provision of section 2(15) of the Income Tax Act, 1961. Accordingly, exemption u/s. 11 rightly claimed.

Comparability for determining ALP lost as only comparable chosen by DRP fails

November 15, 2023 948 Views 0 comment Print

ITAT Mumbai held that once only comparable as chosen by DRP fails, then same loses the comparability for determining the ALP.

CIT(A) Required to Provide Plausible Reasons for Deletion of Addition: ITAT

November 14, 2023 1257 Views 0 comment Print

ITAT Hyderabad ruling on CIT(A) requirements, reasons for deletion of additions, and appeal filed by Revenue against Bharat Auto Tech Private Limited.

ITAT Delhi deletes addition for Difference in Opening & Closing Stock Due to Mistake

November 14, 2023 2451 Views 1 comment Print

ITAT Delhi upholds deletion of Rs. 1.75 Cr disallowance, clerical error in ITR. Full order details of ITO vs. Roshan Lal Sharma for AY 2011-12 & 2012-13.

ITAT Delhi Upholds Reassessment on ITR Non-Filing & Cash Transactions

November 14, 2023 3777 Views 0 comment Print

ITAT Delhi validates reassessment based on non-filing of ITR and cash transactions in a bank account. Full details of Avinash Chaudhary vs ITO case.

No Section 54/54F Exemption for Investments in Wife & Daughter’s Name: ITAT Mumbai

November 14, 2023 12069 Views 0 comment Print

ITAT Mumbai denies capital gain exemption ( Section 54/54F) to Hem Chandra R. Gavankar for investing in a house in his wife and daughter’s name.

Appeal Right under IT Act 159(3) Limited to Legal Representatives as per Section 2(29)

November 13, 2023 705 Views 0 comment Print

Full text of the ITAT Pune order in Yogesh Porwal vs. PCIT. The appeal dismissed due to the appellant’s failure to establish legal standing as the representative of the deceased assessee.

ITAT Upholds Section 263 Revision on ITR Acceptance Without Adequate Enquiry

November 13, 2023 690 Views 0 comment Print

ITAT Delhi validates PCIT’s revision order under Section 263, emphasizing the importance of adequate enquiry by AO for unsecured loans, advances, and income in AY 2015-16.

No section 270A Penalty for Genuine Head of Income Error in computation of Income

November 13, 2023 2655 Views 0 comment Print

In the case of D.C. Polyester Ltd. vs. DCIT (ITAT Mumbai), penalty under section 270A was contested for changing income head. Detailed analysis and outcome explained.

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