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Changes in section 139(4) & 139(5) by Finance Act 2016 not retrospective

June 20, 2023 1533 Views 0 comment Print

Insightful analysis of the ITAT Mumbai ruling in the case of Qayum Ismail Mukaddam Vs CIT, where the applicability of changes in sec 139(4) & 139(5) by Finance Act 2016 is discussed.

ITAT Overturns Ex-Parte Order Due to Non-Adherence to Notice Service Preferences

June 20, 2023 1164 Views 0 comment Print

In Jayshree Kamleshkumar Patel vs ITO, ITAT Ahmedabad overturned an ex-parte order due to non-compliance with notice service preferences outlined in Form No. 35. 

Provisions of section 56(2)(x) are prospectively applicable only from 01.04.2017

June 20, 2023 6861 Views 0 comment Print

ITAT Mumbai held that the provisions of Sec. 56(2)(x) of the Act are incorporated in the Finance Act 2017 with the prospective applicability from A.Y.2017-18 and the transactions entered into prior to 1.04.2017 would not suffer any implications of the section.

Disallowance u/s 40(a)(ia) on account of non-deduction of TDS restricted to 30%

June 20, 2023 2382 Views 0 comment Print

ITAT Ahmedabad held that post amendment to section 40(a)(ia) of the Income Tax Act, as introduced vide Finance (No.2) Act, disallowance on account of non-deduction of TDS is restriction to 30% of the expenditure as against 100%.

ITAT allows interest expense liability provision

June 20, 2023 813 Views 0 comment Print

An overview of the ITAT Mumbai ruling in Hitesh Shantilal Mehta Vs DCIT, where the Tribunal deleted an addition by disallowance of interest expenses accrued from investments in shares and securities

Reassessment without proper hearing- ITAT direct re-adjudication

June 20, 2023 921 Views 0 comment Print

In the case of Rakhi Gautam Vs ITO (ITAT Indore), the ITAT has ordered re-adjudication due to a lack of proper hearing. Notices were sent to the registered email ID instead of physical form.

Sections 234A to 234D interest is Consequential & Mandatory: ITAT Chennai

June 20, 2023 723 Views 0 comment Print

ITAT Chennai ruling on consequential and mandatory nature of interest under sections 234A to 234D in case of Iljin Automotive Pvt Ltd vs DCIT

No Late Fees under Section 234E Before June 1, 2015: ITAT Chennai

June 20, 2023 894 Views 0 comment Print

ITAT Chennai in Bank of India vs ACIT case decides on applicability of TDS late fees under section 234E before June 2015,

ITAT waives Penalty for Tax Audit Report delay due to Accountant’s Unavailability

June 20, 2023 888 Views 0 comment Print

In Deepak T. Dhanwani vs ITO, where ITAT Chennai waived penalty for delayed tax audit report due to accountant’s unavailability,

No section 271(1)(c) Penalty for Misclassified Interest Expense

June 20, 2023 720 Views 0 comment Print

ITAT Ahmedabad case between Standard Radiators Pvt Ltd and ACIT, involving an inaccurate income penalty dispute related to interest expense misclassification

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