ITAT Bangalore deleted the penalty imposed under Section 272A(1)(d) of the Income Tax Act in the case of Dhanasingh Nagamuthu vs. ITO. The tribunal found that the assessing officer had not given the assessee a proper opportunity to respond and establish reasons for non-compliance, as required under Section 274(1) of the Act.
The Income Tax Appellate Tribunal (ITAT) Bangalore has directed the re-adjudication of the case between Centre for e-Governance and DCIT. The ITAT found that the assessing officer had disallowed the claim of accumulation of 85% of income under section 11(2) of the Income Tax Act due to the lack of a specific purpose mentioned in Form 10.
ITAT Bangalore has ruled in Bandenawaz Mulla vs. ACIT that no audit can be conducted under section 44AB of Income Tax Act when assessee has not maintained books of account.
ITAT Dehradun held that addition of cash deposits made during the demonetization period unsustained as predominant source of income was only agricultural income and no other source of income is brought on record by AO.
ITAT Delhi held that revenue receipt generated from the operation of “Hotel/ Resort” is taxable under the head “Business income” and not under “House Property” as fixed amount was not received in fact revenue was generated on fluctuation basis.
ITAT Delhi held that addition u/s 40A(3) of the Income Tax Act unsustainable as the assessee has sufficiently demonstrated that strict adherence to payment through banking channel is, at times, not practicable and has the potential to severally hamper the ongoing business of trading in liquor.
ITAT Delhi held that disallowance of expenditure on adhoc basis, as a percentage of gross profit, without any specific findings is baseless and liable to be deleted.
ITAT Mumbai held that provisions of section 14A r.w.s. 8D of the Income Tax Rules not invocable as assessee has not earned any exempt income during the year. Accordingly, disallowance duly deleted by CIT(A).
ITAT Chennai held that addition towards amount received as income sustained as it was specified that the amount was not given as loan or advances but was given for service towards arranging the whole deal.
ITAT Delhi held that sale transaction cannot be said to be completed as and when the assessee has entered into the agreement to sale. Transfer of title is complete through registered sale deed.
