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ITAT Deletes Protective Basis Addition – No Parallel Assessments Allowed

July 28, 2023 1749 Views 0 comment Print

In a recent case, the ITAT Ahmedabad deleted the addition made on protective basis in the assessment of ACIT Vs. Rachna Finlease Pvt. Ltd. The tribunal upheld the findings of identity, genuineness, and creditworthiness of transactions made by the assessee.

Rejection of special audit report of special auditor on flimsy ground is incorrect

July 27, 2023 2229 Views 0 comment Print

ITAT Chennai held that rejection of special audit report of the special auditor appointed in terms of section 142(2A) of the Income Tax Act on flimsy grounds without any finding as to how observation of the special auditor is incorrect.

Addition solely based on mismatch between receipts in P&L and in 26AS unsustainable

July 27, 2023 3786 Views 0 comment Print

ITAT Delhi held that addition merely on the sole basis that there was mismatch between TDS certificate/26AS and the turnover/receipts shown by the assessee in its P&L account unsustainable as difference successfully established.

Disallowance towards investment made out of interest free own funds unjustified

July 27, 2023 852 Views 0 comment Print

ITAT Delhi held that disallowance u/s 37(1) of the Income Tax Act towards investment made out of interest free own funds available with the assessee is unjustifiable and hence deleted.

Justified Invocation of Section 263: No Enquiry or Verification

July 27, 2023 1881 Views 0 comment Print

ITAT Raipur held that invocation of section 263 of the Income Tax Act justified as AO passed the order without making any enquiry or verification and hence such order passed is deemed to be erroneous and prejudicial to the interest of revenue.

Taxation of commission Receivable in the Accrual Year

July 27, 2023 1452 Views 0 comment Print

ITAT Raipur held that once it is established that the commission income were receivable, the said commission income is liable to be brought to tax in the year in which the same has been accured.

Deduction for Marketing & Sales Expenses on Completed Work-in-Progress Project allowable in year of completion

July 27, 2023 1836 Views 0 comment Print

ITAT Kolkata held that claim of deduction towards marketing and sales expenses relating to work-in-progress project is allowable in the year in which project is completed and sales are booked in the profit and loss account.

Unexplained Cash Deposit Post-Demonetization Invokes Section 69A

July 26, 2023 4803 Views 0 comment Print

ITAT Chennai held that addition towards unexplained money under section 69A of the Income Tax Act sustained as cash deposited during demonetization period cannot be said to be cash gifts received during occasion of marriage in December 2015.

Invalid Assumption of Jurisdiction by AO: CIT Cannot Revise Assessment Order

July 26, 2023 5814 Views 0 comment Print

In the case of Smt. Aruna Tiwari Vs. PCIT, the ITAT Raipur ruled that a non-est assessment order cannot be revised by the CIT under Section 263 of the Income Tax Act.

ITAT deletes Addition under Section 69 for Gold Loan Recorded in Books

July 26, 2023 837 Views 0 comment Print

ITAT Kolkata allows the appeal in H.K. Dutta & Co. Vs. ACIT, deleting the addition made under Section 69 of the Income Tax Act for a gold loan obtained from a partner and recorded in the books.

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