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Non-availability of record is reasonable cause for failure to comply with notice u/s 142(1)

July 25, 2022 3618 Views 0 comment Print

Held that imposing penalty u/s. 271(1)(b) justified as necessary record impounded by the department was not supplied to the assessee, accordingly assessee failed to comply with the notice u/s. 142(1).

No addition for cash deposit During Demonetisation out of Receipts Shown on Presumptive Basis

July 25, 2022 2694 Views 0 comment Print

No Addition of Cash Deposit During Demonetisation Period under section 69A If Cash Deposit Is Part of Receipts Shown on Presumptive Basis and When the Part of Cash Deposit in Pre Demonetisation-Period Was Accepted.

No Section 80IB deduction on Remuneration & Share of Profit from Partnership Firm

July 25, 2022 1845 Views 0 comment Print

Eligibility of remuneration, share of profits received from partnership firm, whose profits are eligible for deduction u/s 80IB of Income Tax

Income of Estate of Deceased Assessee taxable at normal slab rates

July 25, 2022 2109 Views 0 comment Print

Estate of Late Harkishin Bhojraj Chanrai Vs DCIT CPC (ITAT Mumbai) Undisputed facts though the assessee has filed its return of income declaring an income of ₹ 1,288,261/– in the status of association of person of estate of a diseased individual. The tax liability is required to be computed as per the normal tax as […]

Interest income to be taxed @10% as per India-Japan DTAA

July 22, 2022 3330 Views 0 comment Print

Held that the interest income in question is required to be taxed at 10% in terms of the provisions of Article 11(2) of the India-Japan DTAA

Addition on estimated basis without rejection of books is unsustainable

July 22, 2022 4752 Views 0 comment Print

Held that addition made on estimated basis, without rejecting books of accounts of the assessee, is unsustainable in law

Explanation of source of small loans from friends cannot be dismissed as unbelievable

July 22, 2022 675 Views 0 comment Print

Held that the explanation of the source of these very small loans as given by friends of the assessee to help him in his share trading transactions, and which has been confirmed by two parties, cannot be dismissed as unbelievable.

Developer engaged in development of infrastructure facility eligible to claim deduction u/s 80IA(4)

July 22, 2022 1734 Views 0 comment Print

Held that merely because the assessee is referred as a contractor in the agreement, it doesn’t detract the assessee from the position of being a developer, nor will deprive the assessee from claiming deduction under Section 80IA(4) of the Act.

Categorizing donation as anonymous is unsustainable when donor’s identity is established

July 22, 2022 1164 Views 0 comment Print

Held that identity of the donors as provided u/s 115BBC of the Act has been established by the assessee. Accordingly, the donations cannot be categorized as anonymous donations and cannot be subjected to tax.

Exercising revisionary power u/s 263 in casual arbitrary manner is unsustainable

July 22, 2022 498 Views 0 comment Print

Held that for invoking revisionary power u/s 263 it is necessary to point out the error in the order and that too such an error should be prejudicial to the interest of the revenue

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