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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

Order of CIT(A) not valid it it merely followed certain case laws without discussing nature of expenses

July 22, 2022 891 Views 0 comment Print

CIT(A) merely followed certain case laws without discussing nature of expenses claimed by assessee – Order not sustainable

Once identity & creditworthiness of investors is established addition u/s 68 unsustainable

July 21, 2022 1047 Views 0 comment Print

Held that as identity and creditworthiness of the investors is established, merely because of delay in transferring of the shares to the prospective investors, the amount cannot be treated as unexplained investment u/s 68.

Section 54F Deduction available on reinvestment in twin residential units

July 21, 2022 5103 Views 0 comment Print

Held that a residential house for the purpose of section 54F(1) deduction can indeed cover multiple units in same or different towers or residential blocks

Unregistered Satakat not supported by other evidence doesn’t possess evidentiary value

July 21, 2022 2652 Views 0 comment Print

Held that no part consideration of acquisition of asset/property was paid on alleged execution of possession-cum-Satakat and there is no other corroborative evidence to substantiate the claim of assessee. Capital gain treated as STCG instead of LTCG.

Penalty cannot be levied on charges not forming part of penalty proceeding initiation 

July 21, 2022 870 Views 0 comment Print

It is settled position of law that AO cannot levy penalty on charges different from the charges for which penalty proceedings were initiated

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