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Reopening on incorrect assumption of fact is invalid, hence subsequent revision order u/s 263 bad-in-law

March 16, 2023 2994 Views 0 comment Print

ITAT Mumbai held that as entire reasons for reopening were recorded by incorrect assumption of facts, accordingly, reopening was invalid and bad-in-law. Hence, subsequent invocation of revisional jurisdictional under section 263 of the Income Tax Act is untenable in law.

Delay of 306 days in filing of an appeal condoned on reasonable cause shown

March 16, 2023 1341 Views 0 comment Print

ITAT Delhi condoned delay of 306 days in filing of an appeal based on the reasonable cause that firstly assessee was in prison and when released it was lock-down.

Deemed rent not applicable on unsold flats treated as stock-in-trade by builder

March 16, 2023 5073 Views 0 comment Print

Appellant builder treated Property as stock-in-trade & profits on its sale would be offered as business income and no rental income was received by Appellant from Property.

Mere typographical mistake without independent evidence doesn’t amount to unexplained money

March 15, 2023 939 Views 0 comment Print

ITAT Amritsar held that mere typographical mistake in mentioning the balance of capital account doesnot amount to concealment. Accordingly, addition on account of unexplained money unsustainable.

Exemption u/s 54F not admissible on failure to prove construction of residential building within prescribed time

March 15, 2023 3552 Views 0 comment Print

ITAT Bangalore held that for claiming exemption under section 54F of the Income Tax Act, the assessee is required to furnish necessary evidence proving construction of the residential building within the period as enumerated in section 54F of the Act. As assessee failed to produce the same, exemption u/s 54F not available.

Penalty u/s 271B levied for non-furnishing of audit report without reasonable cause

March 15, 2023 1911 Views 0 comment Print

Sh. Yasir Bilal Khan Vs DCIT (ITAT Amritsar) ITAT Amritsar held that penalty u/s 271B for non-furnishing of audit report within specified date leviable as assessee failed to prove nexus between non-completion of the audit report u/s. 44AB with the flood of Kashmir. Facts- The penalty was levied by the ld. AO u/s. 271B of […]

Income from sale of developed flat under Joint Development Agreement taxable as capital gain

March 15, 2023 5880 Views 0 comment Print

ITAT Bangalore held that income from sale of developed flat, obtained under Joint Development Agreement (JDA), is to be treated as income from short term capital gain/ long term capital gain and not as income from business.

Provisions of section 115BBE not applicable where surrender is made to cover any discrepancy

March 15, 2023 3387 Views 0 comment Print

ITAT Amritsar held that provisions of section 115BBE of the Income Tax Act cannot be made applicable where assessee has made a statement that the excess stock was a result of suppression of profit in respect of sales made outside the books of accounts.

Fresh adjudication needed as claim of deduction u/s 80P dismissed without considering merits of case

March 15, 2023 1533 Views 0 comment Print

ITAT Pune held that as NFAC dismissed the claim of deduction u/s 80P on legal issue without considering the case on merits, matter remanded back for fresh adjudication.

Reassessment proceedings without issuance of notice u/s 143(2) is bad in law

March 14, 2023 7728 Views 0 comment Print

ITAT Delhi held that reassessment proceedings without issuance of notice under section 143(2) of the Income Tax Act is bad in law and liable to be quashed.

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