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Section 271(1)(c): Consciousness in furnishing inaccurate particulars with circumstantial evidences should be present

June 22, 2022 1101 Views 0 comment Print

Element of consciousness in furnishing inaccurate particulars of income coupled with circumstantial evidences should be present in the particular case.

Settlement under Vivad Se Vishwas Scheme is possible for only one proceeding

June 22, 2022 1479 Views 0 comment Print

CBDT Circular no. 9/2020 dated 22/04/2020, question no. 19, clearly enables the assessee to avail Vivad Se Vishwas Scheme to avail VSV only for one proceeding , even when two parallel proceedings were pending before appellate forums.

Interest u/s 244A is receivable up to the date of issue of refund cheque

June 22, 2022 6243 Views 0 comment Print

Interest on refund amount, under section 244A of the Act, is receivable up to the date of issue of refund cheque.

Income Tax: Section 2(22)(e) Act can be invoked in respect of shareholder

June 22, 2022 561 Views 0 comment Print

ACIT Vs Vserve Business Solution Pvt. Ltd. (ITAT Delhi) Assessing Officer has not disputed the fact that the assessee is not a share holder in Intersoft Data Labs Labs Pvt. Ltd. which provided interest free loans to the assessee only because the assessee as well as lender entity are having a common shareholder the Assessing […]

ITAT deletes addition of unsecured loans made for non-filing of ITR of lenders

June 22, 2022 1881 Views 0 comment Print

ACIT Vs Anand Jayantilal Kharbhari (ITAT Surat) We note that addition of unsecured loans of four parties totaling to Rs.3,65,00,000/- was made by the assessing officer only for want of Income Tax Returns. The assessing officer had mentioned in the assessment order about the confirmation and other details filed but because scrutiny selection through CASS […]

Interest expenditure on abandoned project allowable as revenue expense

June 22, 2022 1359 Views 0 comment Print

ITAT Chennai allows deduction of interest expenses for abandoned project. Legal principles supported by judicial precedents. Assessment reopened validly

After approval of winding up proceedings, Appeal not-maintainable if liquidator not amends Form No. 36A

June 22, 2022 573 Views 0 comment Print

Osian’s Connoisseurs of Art Pvt. Ltd Vs DCIT (ITAT Mumbai) ITAT held that once interim resolution professional has been appointed by the NCLT, then earlier Ld. counsel authorized by the Management of the Company has no authority to represent the case and therefore adjournment sought on his behalf was accordingly rejected. The Tribunal in ITA […]

Invocation of jurisdiction under Section 147 is not alternative to Section 263

June 22, 2022 1776 Views 0 comment Print

Plaza Cable Industries Ltd Vs DCIT (ITAT Delhi) The maintainability of jurisdiction under Section 147 of the Act is central to the controversy in the instant case. On perusal of the reasons recorded under Section 148(2) of the Act qua the alleged escapement as reproduced in paragraph 6 above, it is straightaway noticed that the […]

Section 271(1)(c) penalty not leviable after deletion of Addition to Income

June 22, 2022 1920 Views 0 comment Print

Prajatantra Prachar Samity Vs DCIT (ITAT Cuttack) It is noticed that the Co-ordinate Bench of this Tribunal has already deleted the additions made in the quantum assessments on the basis of which penalty has been levied u/s.271(1)(c) of the Act for all the three assessment years, we are of the view that the penalty has […]

Income from technical handling services to other Airlines is exempt under Article 8 of India Netherlands DTAA

June 22, 2022 747 Views 0 comment Print

income from technical handling is exempt from taxation in India as the same is covered under Article 8 of the DTAA between India & Netherlands and hence not liable to tax in India.

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