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Adverse view against innocent regular investor due to misuse of some person to rig certain shares is unjustified

March 6, 2023 1770 Views 0 comment Print

ITAT Mumbai held that merely because some person misused the share market to rig certain shares in the share market, adverse view against innocent regular investor is unjustifiable and unsustainable in law.

Interest u/s 234A & 234B leviable only till date of self-assessment tax & not beyond

March 6, 2023 7299 Views 0 comment Print

ITAT Rajkot held that interest under section 234A and 234B can be levied only up to the date of self-assessment tax paid and not for period beyond that date.

Addition towards unsecured loans unsustainable as genuineness established

March 6, 2023 3246 Views 0 comment Print

ITAT Ahmedabad held that all necessary details and evidences to establish genuineness of the unsecured loans duly furnished by the assessee, accordingly, addition towards the same unsustainable.

Penalty u/s 271F not leviable as post search there was delay in providing seized documents

March 6, 2023 2385 Views 0 comment Print

ITAT Rajkot held that penalty under section 271F of the Income Tax Act not leviable as post search there was delay in providing seized documents. Further, Checking, cross checking and reconciliation of datas was a very lengthy process is also a reasonable cause for non-furnishing of income tax return.

Applicability of proviso to section 2(15) should be based only on facts & circumstances of each case

March 6, 2023 1299 Views 0 comment Print

ITAT Bangalore held that applicability of the proviso to 2(15) of the Act cannot be on the basis of the default of the parties in not participating in the proceedings but should be on the basis of facts and circumstances of each case. Accordingly, matter remanded for fresh consideration.

Payment of lease rent for acquiring mining rights is capital expenditure

March 6, 2023 3459 Views 0 comment Print

ITAT Pune held that lease rent paid for acquiring mining rights is capital in nature and hence deduction against the same is not allowable.

Delay in filing form 10B condoned via circular hence deduction towards application and accumulation of funds allowable

March 6, 2023 20865 Views 0 comment Print

ITAT Bangalore held that delay in filing Form 10B in the relevant period was condoned as per Circular No.10 (F.No.197/55/2018) dated 22.5.2019, accordingly, deduction towards application and accumulation of funds is duly allowable.

Prior to 01.04.2020, capital gain exemption u/s 54 was allowed to be claimed without filing return

March 6, 2023 8070 Views 0 comment Print

ITAT Bangalore held that prior to amendment in section 139(1) of the Income Tax Act effective from 01.04.2020, exemption under section 54, 54B, 54D, 54EC, 54F, 54G, 54GA or 54GB can be claimed even without filing income tax return.

TDS u/s 194C deductible on payments towards bus hire and wharfage charges

March 6, 2023 1722 Views 0 comment Print

ITAT Delhi held that TDS under section 194C of the Income Tax Act is deductible on payments made towards bus hire charges and wharfage charges.

Service Tax Penalty Not Deductible as Business Expenditure

March 6, 2023 762 Views 0 comment Print

Payment on account of penalty under service tax is penal in nature and was levied for violation of law, therefore penalty is not admissible

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