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ITAT deletes Section 272A(2)(k) penalty for delay in filing TDS statement due to lack of Professional assistance

January 12, 2023 7395 Views 0 comment Print

Assessee explained that delay in filing TDS return is due to his negligence, non-awareness of importance of filing TDS return & lack of Professional assistance

Profit from sale of unfinished building taxable as long or short term capital gains

January 12, 2023 3285 Views 0 comment Print

The definition of capital asset as per section 2(14) of the I.T.Act is wide enough to include property of any kind held by an assessee (including an unfinished building) and the sale proceeds of the same would be liable for capital gains as long term capital gains or short term capital gains, depending upon the period of holding.

Development of skill is not the purpose to fulfilling to section 2(15)

January 12, 2023 1161 Views 0 comment Print

J.K. Council for Social Welfare And Information Technology Vs CIT (Exemption) (ITAT Amritsar) Brief fact of the case is that the assessee-society had submitted an application for registration u/s 12A of the Act. The primary object of the assessee is that running and maintaining institutions in rural area, and enhance the poor marginalised youth to […]

SCN mentioning proposed additions U/s. 144B(xvi) is a mandatory requirement

January 12, 2023 8187 Views 0 comment Print

iTAT held that issuance of SCN, mentioning proposed additions under 144B(xvi), is a mandatory requirement and any assessment order passed without issuance of SCN is bad in law.

Section 80P deduction cannot be denied for delay in filing auditors report

January 12, 2023 2604 Views 0 comment Print

ITAT held that when assessee filed return of income well before due date, but due to inadvertence, not filed independent auditor’s report, which it has filed later on, the claim of assessee /- under section 80P(2)(d) of Income-tax Act, 1961, if otherwise admissible, cannot be denied.

Mere Reflection in books of account cannot be reason for non-acceptance of depreciation

January 12, 2023 1143 Views 0 comment Print

Pathankot Hindu Urban Co-operative Bank Ltd Vs DCIT (ITAT Amritsar) In this case assessee claimed the loss on diminution value of securities as well as stock. The main grievance of the revenue is that this particular value was not taken in the books of accounts. But factually correct that the circular of the CBDT has […]

ITAT upheld section 234E late fees for delay in filing TDS return

January 12, 2023 2631 Views 0 comment Print

ITAT held that appellant having deducted the tax has obligation to file TDS statements within prescribed time limit which she failed to fulfil by filing the statement with delay. Therefore, late fee u/s 234E is justified for delayed period.

Assessee (Senior Citizen not conversant with digital communication) should not suffer for fault of authorised representative

January 12, 2023 717 Views 0 comment Print

ITAT held that on account of the fault of authorised representative / chartered accountant / advocate of assessee, the assessee should not be made to suffer and more particularly, when the assessee happened to be a senior citizen and is not conversant with the digital communication.

Disallowance of marketing and survey expenses unsustainable as identity of party is proved

January 11, 2023 1302 Views 0 comment Print

ITAT Jaipur held that disallowance of marketing and survey expenditure merely because of non-production of the concerned party whose identity is proved is unsustainable in law.

Legal sale of gold using prohibited currency/ SBNs not permissible

January 11, 2023 2547 Views 0 comment Print

ITAT Hyderabad held that no legal sale of gold can be made with the use of either prohibited currency or prohibited Specified Bank Notes (SBNs)

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