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Penalty leviable for delay filing of return as assessee is habitual defaulter

January 6, 2023 2136 Views 0 comment Print

ITAT Bangalore held that penalty under section 271F of the Income Tax Act leviable as assessee being a habitual defaulter filed income tax return for four years filed belatedly

ITAT deletes Section 271B penalty imposed by AO on commission agent

January 6, 2023 7656 Views 0 comment Print

Bablu Kumar Harinarayan Gupta Vs ITO (ITAT Pune) ITAT held that it is not fit case for levy of penalty u/s 271B merely because the appellant was unable to substantiate the submission that the appellant is only commission agent because there is no obligation on the part of the assessee to get the accounts audited […]

Section 43CA(4) not applicable to sell agreement executed before 01.04.2013

January 6, 2023 2670 Views 0 comment Print

ITAT held that provisions of sub-section (4) would be applicable in respect of agreement to sell for transfer of an asset which has been executed on or after 1st April, 2013.

Advance from customers cannot be added in computation of Book Profit

January 6, 2023 2040 Views 0 comment Print

ITAT held that if advances received by the assessee from customers on which TDS Credits has been claimed, has been offered as income of subsequent financial years, then the same needs to be recognized as income as and when such income accrues to the assessee.

ITAT upheld 100% Disallowance for Bogus/Hawala Purchase by Govt Civil Contractor

January 6, 2023 3045 Views 0 comment Print

In the present case, it has been categorically established that, the amount of bogus purchases ₹64,33,495/- is debited to P&L by fictitious tax invoices

Exception to Trust cannot be denied merely for delay in filing audit report in prescribed form

January 6, 2023 6786 Views 0 comment Print

ITAT held that assessee cannot be denied benefit of exemption for which it is entitled merely on the lapse of procedural requirement i.e. delay in filing audit report in prescribed form.

CIT(E) cannot Impose Conditions on his own While granting Section 80G Registration

January 6, 2023 1551 Views 0 comment Print

CIT(E) lacked jurisdiction to impose any conditions on his own (other than what is stipulated in law) while granting approval under section 80G of Income Tax Act

Income from property under trust held wholly for charitable purpose is allowable as exemption u/s 11

January 5, 2023 891 Views 0 comment Print

ITAT Delhi held that income derived from the property held under the trust is wholly for a charitable purpose and hence exemption under section 11 of the Income Tax Act is allowable.

Applicability of TDS provision u/s 195 to cost sharing agreement needs re-examination

January 5, 2023 1626 Views 0 comment Print

ITAT Chennai held that before concluding with regard to applicability of provisions of section 195 of the Income Tax Act, all necessary and relevant documents like cost sharing agreement/ auditor’s report/ other evidences need to be examined thoroughly. Accordingly, matter set aside with direction to AO to re-examine the claim.

Customs duty drawback of preceding assessment years written-off as prior period item

January 5, 2023 1656 Views 0 comment Print

ITAT Pune held that customs duty drawback relating to preceding assessment years can be written-off ‘as prior period item’.

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