Follow Us:

All ITAT

Primary Obligation is of Assessee to Prove Source of Credit in Bank Account

April 20, 2023 1542 Views 0 comment Print

Shanthi R. Pai Vs ITO (ITAT Bangalore) AO made addition of Rs.26,79,000/- on account of cash deposits. Assesee stated that she is a home maker &  her husband  was employed overseas as Chartered Accountant serving overseas  from 1975 to 2008. He used to send money from abroad and also invested in Term Deposits in India […]

Section 272A(2) penalty not leviable on or after 1st Day of July, 2012

April 20, 2023 1914 Views 0 comment Print

ITO (TDS) Vs Hadpawat Enterprises (P) Ltd. (ITAT Jodhpur) From a plain reading of second proviso to Section 272A(2) which is inserted by the Finance Act, 2012 w.e.f. 01-07-2012, it is clear that penalty under clause (k) of Section 272(A)(2) cannot be levied on or after the 1st Day of July, 2012. In the instant […]

Section 270A penalty cannot be levied if disallowance made on estimated basis

April 20, 2023 14148 Views 0 comment Print

Pallava Textiles Private Limited Vs ITO (ITAT  Chennai) In this case, the Assessing Officer has initiated penalty proceedings under section 270A of the Act for under-reported income. The Assessing Officer issued show-cause notice under section 274 r.w.s. 270A of the Act calling explanations from the assessee as to why penalty cannot be levied for under-reporting […]

No Opportunity for Cross Examination: ITAT deletes Addition

April 20, 2023 1653 Views 0 comment Print

Addition made on the basis of information and material collected on the back of the assessee cannot be tackled as valid basis for making addition

Common Maintenance Charges cannot be treated as part of rent for TDS

April 20, 2023 7161 Views 0 comment Print

Tax Authorities have fallen in error in holding that assessee required to pay TDS @10% towards common area maintenance charges.

No Addition for mere appearance of Assesees name in documents found during Search

April 19, 2023 3654 Views 0 comment Print

Neelam Nitin Sankhe Vs CIT (ITAT Mumbai) The only reason for making addition of Rs.27.00 lacs in Assessment Year 2013-14 and Rs.5.00 lacs in Assessment Year 2014-15 is that the name of assessee appeared in some document found during the search action in the case of Ameya Group(supra). There is nothing on record to further […]

One minute delay in return filing – ITAT allows section 80IA(4) deduction

April 19, 2023 2634 Views 0 comment Print

Return of income so filed was late by one minute. Therefore, deduction claimed by assessee under section 80IA(4) of Act was denied by CPC

ITAT allows stamp duty paid on sale by builder – Section 43CA not triggered

April 19, 2023 3786 Views 0 comment Print

ACIT Vs Mahavir Infracon Pvt. Ltd. (ITAT Raipur) Admittedly, it is a matter of fact borne from record that the assessee company which is engaged in the business as that of a developer, had in order to promote its sales incurred expenses towards stamp duty and registration fees with respect to the properties sold by […]

Huawei India is permanent establishment of Huawei China in India

April 19, 2023 2163 Views 0 comment Print

ITAT Delhi held that co-ordinate bench in assessee’s own case in earlier assessment years duly hold that Huawei India is permanent establishment of Huawei China in India. Based on norms of judicial discipline the same is implied in the present assessment too.

No section 271B penalty when Assessee not Maintained Books of Account

April 19, 2023 2397 Views 2 comments Print

Maranaikana Halli Jayashella Shetty Pradeepkumar Vs ACIT (ITAT Bangalore) 271B Penalty- When the Assessee Has Not Maintained the Books of Account, There Is No Question of Getting the Books of Account Audited U/S 44AB Assessment was completed u/s 143(3) making  additions to the returned income u/s 44AD.  AO initiated penalty proceedings u/s 271A &  271B. […]

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930