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Revision order passed without adequate opportunity to file relevant material is unsustainable

June 19, 2023 768 Views 0 comment Print

ITAT Surat held that revisionary order passed by PCIT under section 263 of the Income Tax Act without providing adequate opportunity to the assessee to file relevant material evidences and documents before him is liable to be remanded back for fresh consideration of the matter.

Disallowance u/s 14A restricted to the extent of exempt income

June 19, 2023 4377 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act cannot exceed the amount of exempt income. Hence, AO directed to restrict the disallowance to the extent of exempt income earned.

Addition on account of lesser amount considered as claw back payment unsustained

June 19, 2023 561 Views 0 comment Print

ITAT Kolkata held that addition on account of lesser amount considered as claw back payment unsustained as in case, a higher amount is to be considered as claw back payment, then a higher amount is to be allowed as a deduction not character of income

Addition u/s 68 sustained as genuineness of the transaction not proved

June 19, 2023 708 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit sustained as identity and creditworthiness of the parties and genuineness of the transaction not proved.

Addition set aside for fresh consideration with one more opportunity of being heard in interest of substantial justice and fair play

June 19, 2023 1017 Views 0 comment Print

ITAT Chandigarh held that addition on account of failure to provide necessary explanation in respect of source of cash deposits in bank confirmed without considering explanation set aside with one more opportunity to assessee in the interest of substantial justice and fair play.

Exemption u/s 10AA available to interest received on temporary Fixed Deposits

June 19, 2023 2034 Views 0 comment Print

ITAT Bangalore held that the interest income received on temporary Fixed Deposits is eligible for exemption under section 10AA of the Income Tax Act.

Invocation of section 50C in mere transfer of right in property without transfer of title is unjustified

June 19, 2023 6354 Views 0 comment Print

ITAT Delhi held that provisions of section 50C of the Income Tax Act applies only in case of transfer of land or immovable property. Invocation of deeming provision of section 50C in case of mere transfer of right in property accrued under agreement without transfer of title is unjustifiable.

ITAT Deletes TDS Demand as tax on relevant amount Already Paid 

June 19, 2023 2178 Views 1 comment Print

This case revolved around purchase of a property from twenty co-owners, where assessee was treated in default for non-deduction of TDS. Assessee argued that demand resulted in double taxation as taxes already been paid.

ITAT Quashes PCIT’s Revisional Order for Failure to Fulfill Twin Conditions

June 19, 2023 669 Views 0 comment Print

ITAT Delhi quashed revisional order in Havells India Limited Vs PCIT case due to unfulfilled prerequisites for invoking Section 263 of IT Act.

ITAT Allows Bad Debts Claimed Based on Write-Off in P&L Account

June 19, 2023 792 Views 0 comment Print

In the case of Navyug Cotton Company vs. ITO, ITAT Pune held that deduction for claimed bad debts can be allowed based on write-off, thereby eliminating the requirement to prove that debt actually became irrecoverable

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