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Commission not taxable unless received

January 3, 2023 1578 Views 0 comment Print

Harmeet Singh Vs ACIT (ITAT Delhi) In this case there is no dispute so far as the percentage of commission is concerned as the same has been accepted by the assessee during the search proceedings as well as during the assessment / appellate proceedings. The only point of concern is whether the assessee has actually […]

Addition under Income Tax unsustainable as it based on excise department’s finding later decided in favor of assessee

January 3, 2023 1128 Views 0 comment Print

ITAT Delhi held that addition in Income Tax proceedings is liable to be set aside as the addition was made on the basis of the finding of Central Excise Department which was eventually decided in favor of the assessee.

No penalty on addition based on estimated rate of profit applied on turnover

January 3, 2023 1866 Views 0 comment Print

ITO Vs Pritesh Mafatlal Shah (ITAT Mumbai) Hon’ble Delhi High Court in the case of CIT Aero Traders Pvt. Ltd., [322 ITR 316] wherein the Hon’ble High Court affirmed the order of the Tribunal in holding that estimated rate of profit applied on the turnover of the assessee does not amount to concealment or furnishing […]

ITAT allows depreciation on expense for ERP software named WFX-ERP-II

January 3, 2023 1110 Views 0 comment Print

Indo British Garments P. Ltd. Vs ACIT (ITAT Delhi) The solitary issue in this appeal is that the assessee has capitalized the said expenses in their financial statements and treated the same as royalty and claimed the same as revenue expenditure in the computation of income. The AO held that since the assessee itself has […]

ITAT quashes rectification order & demand; Says assessee seems to be a victim of official apathy

January 3, 2023 540 Views 0 comment Print

Kkalpana Plastick Ltd Vs ITO (ITAT Kolkata) After hearing the rival contentions of the ld. representatives of the parties and going through the record, we are of the view that in this case, the assessee seems to be a victim of official apathy. The facts of the file reveal beyond doubt that the assessee filed […]

Interest on funds borrowed for business project is allowable u/s 36(1)(iii)

January 3, 2023 1713 Views 0 comment Print

ITAT Mumbai held that the interest paid on such borrowing is allowable under section 36(1)(iii) of the Income Tax Act as the funds were borrowed for the purpose of construction project.

Benefit u/s 54 available as total capital gain utilized for acquisition of new house

January 3, 2023 522 Views 0 comment Print

ITAT Delhi held that benefit u/s 54 of the Income Tax Act duly available the amount equivalent to the capital gains has been utilized for acquisition of new house

ITR forms are highly complicated & lacks interlinking & auto-correction

January 3, 2023 8160 Views 0 comment Print

ITR form furnished before us is highly complicated and since the different column of the ITR was not interlinked, therefore, there was no auto-correction and hence there was mismatch of figures in the relevant/corresponding columns of ITR.

Non submission of Form No. 26A before AO- ITAT restores appeal to AO

January 3, 2023 924 Views 0 comment Print

Arvind Purseth Vs CIT(A) (ITAT Cuttack) It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been […]

Section 11 exemption denial for non-mention of Trust Registration details in ITR – ITAT restores matter to AO

January 3, 2023 1338 Views 0 comment Print

ITAT note that the benefit of deduction u/s 11 of the Act has been denied by the authorities below primarily on the reasoning that the trust was not registered under the provision of section 12A of the Act.

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