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ITAT confirms addition by AO for non-cooperative attitude of Assessee during Assessment & Appeal

August 8, 2022 813 Views 0 comment Print

Nitaben Shaileshbhai Patel Vs ITO (ITAT Ahmedabad) ITAT noted from orders of the authorities below that the assessee has remained non-cooperative throughout assessment and also appellate proceedings. Both the assessment order and appellate orders are ex parte orders passed after noting the fact of non-compliance by the assessee to various notices issued to it by […]

TDS on repairs & maintenance of aircraft under Section 194C or 194J?

August 6, 2022 3189 Views 0 comment Print

Air India Ltd. Vs CIT (ITAT Mumbai) Introduction Appeals were filed before the Hon’ble ITAT against the order of the AIR INDIA LIMITED Vs Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi which was pertaining to the assessment years 2016-17, 2017-18,2018-19 and 2019-20. Grounds of appeal The decision of the Joint Commissioner of Income Tax […]

ITAT Refuses To Condone Delay of 2985 Days in Appeal filing

August 5, 2022 1251 Views 0 comment Print

Bharatkumar Somabhai Patel Vs ITO (ITAT Ahmedabad) The assessee is in appeal before us filing the above appeal with a delay of 2985 days. Even before this Tribunal, 10 opportunities given to the assessee. The assessee is not responded to the hearing notices. The present Affidavit filed by the assessee is without material on record […]

Addition towards unexplained cash credit unjustified as evidences and books of account not rejected

August 5, 2022 1836 Views 0 comment Print

Held that addition u/s. 68 and 69A unsustainable as evidences relating to cash deposited submitted and not doubted by AO and also books of account of the assessee are also not rejected u/s 145(3).

Income from funds diverted at source under liquidation not taxable

August 5, 2022 1140 Views 0 comment Print

Held that as per section 21(2) of Deposit, Insurance and Credit Guarantee Corporation of India all the funds realized by Bank under liquidation are diverted at source. Such funds are not available to the assessee as income and hence such income is not taxable in the hands of the assessee.

Compensation and interest up to the date of land acquired is taxable as capital gain

August 5, 2022 2748 Views 0 comment Print

Held that compensation with interest received by the assessee up to the date of land acquired pursuant to the Hon’ble Supreme Court order should be taxed under the head Capital Gains.

Exemption u/s 11 available to education activities resulting in university degrees

August 5, 2022 1638 Views 0 comment Print

Held that assessee providing education activities only which results in university degrees in various courses is eligible for exemption u/s 11.

Expenses related to interest income allowable under Section 56

August 5, 2022 2844 Views 0 comment Print

Income from FDRs are treated as income from other sources under Section 56 of the Act. The expenses related to the said interest income earned by the assessee has to be allowed which is permissible under the Statute of law.

Genuineness of Will cannot be doubted without proper enquiry

August 5, 2022 1410 Views 0 comment Print

Gaus Mohammad Vs ITO (ITAT Allahabad) Assessing Officer as well as the CIT(A) doubted the genuineness of the Will in question without conducting any enquiry or examination of the genuineness. The assessee has produced the affidavit of one of the attesting witness of the Will to prove the Will executed by his father. Therefore, it […]

Tax exempt on Compensation for RCC structure forming part of Farm Land

August 5, 2022 1119 Views 0 comment Print

A. Nagarajan Vs ITO (ITAT Chennai) Upon careful consideration of factual matrix, it emerges that the assessee’s land has been acquired by NHAI for which the assessee has been compensated at certain rates. On one of the parcels of land, a farm house is situated for which separate compensation has been paid. The primary argument […]

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