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Penalty u/s 271(1)(c) not leviable in absence of concealment of particulars of income

October 30, 2023 2613 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not leviable since there is no concealment of particulars of income by the assessee.

Interest from investment in bank governed by Co-operative Societies Act is eligible for deduction u/s 80P(2)(d)

October 30, 2023 1551 Views 0 comment Print

ITAT Chennai held that interest income received from investment in Erode District Central Co-operative Bank, which is governed by Tamil Nadu Co-operative Societies Act, is eligible for deduction u/s 80P(2)(d) of the Income Tax Act.

Reassessment unsustainable if No Tangible Link Found Between Income Assessment escaped & formation of Belief

October 28, 2023 1380 Views 0 comment Print

ITAT Delhi held that reopening of assessment without any link between the tangible material and formation of belief of AO that income has escaped assessment is unsustainable and bad-in-law and hence liable to be quashed.

Section 271(1)(c) Penalty not leviable if explanation with documentary evidence not found to be false

October 28, 2023 6351 Views 0 comment Print

ITAT Kolkata held that as assessee has provided the explanation with documentary evidence and such documents have not been held as false either by AO during assessment proceedings or during penalty proceedings. Hence, penalty u/s. 271(1)(c) not leviable.

Addition Unwarranted as Settlement Commission Accepted Surrendered Amount

October 28, 2023 783 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained expenditure unsustainable as impugned amount has already been surrendered by the firm and accepted by the Settlement Commission.

Revisionary proceedings not illegal when assessee remained non-compliant in explaining his case

October 27, 2023 618 Views 0 comment Print

ITAT Raipur held that revisionary proceedings cannot be termed as illegal or not maintainable when the assessee have not responded and remain non-compliant in explaining his case before the PCIT.

Deduction Denied for Unexplained Provision of Freight Expenditure & Labour Charges in Closing Stock

October 27, 2023 990 Views 0 comment Print

Since assessee could not explain how the expenses which were claimed by assessee in the closing stock was allowable i.e., provision in regard to freight expenses payable and labour charges payable.

Unjustified Invocation of Revisionary Power of Section 263 When AO’s Conclusion Is Reasonable

October 27, 2023 1161 Views 0 comment Print

ITAT Delhi held that invocation of revisionary power u/s. 263 of the Income Tax Act unjustified when AO has exercised its quasi-judicial powers and arrived at a conclusion with reasonable application of mind.

TCS Credit Given to Person in Whose hand corresponding income is assessed to tax

October 27, 2023 2670 Views 0 comment Print

ITAT Indore held that the credit of the tax collected at source should be given to the person in whose hands the income is rightfully and finally assessed to tax in accordance with law, irrespective of the person in whose hands the TDS/TCS certificate has been issued at first place.

Unexplained Labor Credits sustained additions as Evidence of Labor & Material Payments not produced

October 26, 2023 441 Views 0 comment Print

ITAT Visakhapatnam held that addition towards unexplained labour credits sustained as assessee failed to discharge the onus casted on it and failed to produce material evidence with respect to labour payments and material payments.

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