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Claim of exempted allowance via rectification of order u/s 143(1)(a) not permissible

May 31, 2023 1602 Views 1 comment Print

ITAT Mumbai held that as no claim of the amount of exempted allowance was made in the return of income, the same cannot be rectified as there was no mistake apparent from record in order passed u/s 143(1)(a) of the Income Tax Act.

Verified corpus donation not taxable even if received by trust not registered u/s 12AA

May 31, 2023 2817 Views 0 comment Print

ITAT Amritsar held that corpus donation received by trust not holding the registration u/s 12AA is not taxable provided the same is verified. Accordingly, matter remitted back to AO for verification of corpus donation.

Condonation not granted in absence of cogent and satisfactory explanation

May 31, 2023 2718 Views 0 comment Print

ITAT Amritsar held that in absence of cogent and satisfactory explanation, delay of 781 days in filing of an appeal cannot be condoned. Accordingly, condonation of delay not granted.

Addition u/s 68 unsustainable as no incriminating material found during search

May 31, 2023 1185 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable in absence of any incriminating material found during the course of search.

Late fee u/s 234E leviable prospectively from 01.06.2015

May 31, 2023 1548 Views 0 comment Print

ITAT Pune held that late fees u/s 234E of the Income Tax Act can be levied only prospectively with effect from 01.06.2015.

Deduction u/s 80IA eligible to effluent water treatment plant

May 31, 2023 2346 Views 0 comment Print

ITAT Mumbai held that effluent water treatment shall be considered as water treatment plant and accordingly, the same is eligible for deduction under section 80IA of the Income Tax Act.

Deduction u/s 80P(2)(a)(i)/ 80P(2)(d) not available on common interest earned from investment in co-operative banks

May 31, 2023 4104 Views 0 comment Print

ITAT Bangalore held that common interest earned from investment in co-operative banks is not eligble for deduction u/s 80P(2)(a)(i) or 80P(2)(d) of the Income Tax Act.

Penalty u/s 271(1)(c) leviable on additional income disclosed out of seized material

May 31, 2023 1953 Views 0 comment Print

ITAT Pune held that penalty u/s 271(1)(c) of the Income Tax Act duly leviable in case the additional income is disclosed in ITR filed u/s 153A and such additional income is originated out of seized material.

Matter set aside to test enforceability of agreement to sell vis-à-vis fresh affidavit

May 31, 2023 981 Views 0 comment Print

ITAT Chandigarh set aside the addition u/s 69 of the Income Tax Act to the file of AO to test the enforceability of agreement to sell as per relevant statue vis-à-vis fresh affidavit.

ITAT deletes section 69A Addition for Money kept for Treatment of Grand Mother

May 31, 2023 1116 Views 0 comment Print

Yeddula Harsha Vardhan wins appeal against DCIT at ITAT Hyderabad, as Rs. 4 lakhs addition under section 69A is deleted. Read the full verdict here.

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