Follow Us:

All ITAT

No addition merely based on statement if no documentary evidence corroborating the statement

June 17, 2022 1629 Views 0 comment Print

Kundan Builders Vs ACIT (ITAT Pune) The assessee contended that the addition made by the AO basing on statement recorded u/s. 131 of the Act without there being any documentary evidence to such statement. The CIT(A) sought remand report from the AO which is reproduced at Page No. 11 and 12 of the impugned order. […]

In absence of contract between assessee & transporters, Section 194C TDS not applicable

June 17, 2022 870 Views 0 comment Print

Where AO made disallowance of transportation expenses claimed by assessee for non-deduction of tax at source under section 194C; in view of the fact that there was no contract between the assessee and transporters, the provisions of section 194C could not be invoked

Sec. 271(1)(c) Penalty imposed cannot survive if assessment order quashed

June 17, 2022 2907 Views 0 comment Print

Heritage Infracon Pvt. Ltd. Vs DCIT (ITAT Delhi) At the outset learned counsel for the assessee submitted that in quantum proceedings the Tribunal vide its order dated 4.12.2019 was pleased to delete the addition made by the Assessing Officer. Revenue has not disputed the fact that the assessment has been quashed by the Tribunal in […]

No Section 271(1)(c) penalty when quantum addition was set aside

June 17, 2022 3246 Views 0 comment Print

Tanya Automobiles Pvt. Ltd. Vs ACIT (ITAT Delhi) It was pointed out by the Ld. Counsel for the assessee that the quantum appeal arising out of assessment order has been decided vide ITA No. 1842/Del/2017 and the addition has been deleted. The fact could not be controverted by the Revenue. The Bench is of firm […]

Employees’ contribution to PF & ESI allowable if paid before due date of filing income Tax Return

June 17, 2022 2421 Views 0 comment Print

Methods (India) Pvt. Ltd. Vs DCIT (ITAT Bangalore) Karnataka High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT (supra)¸ had held that the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return […]

No penalty on income suo motu offered by assessee in his return of income

June 16, 2022 2808 Views 0 comment Print

ACIT Vs Swapnadeep Krushi Paryatan Kendra (ITAT Pune) The AO has imposed penalty only with reference to the amount of Rs.1.50 crore which was suo motu declared by the assessee in the return. In that view of the matter, the ratio laid down in MAK data Pvt. Ltd. (supra) has no application to the facts […]

CIT(A) justified in admitting additional evidences if AO not given sufficient opportunity to Assessee

June 16, 2022 1062 Views 0 comment Print

ACIT Vs Blind Peoples Association India (ITAT Ahmedabad)  The learned Counsel for the assessee has taken us through the relevant documents placed in the paper-book to point out that the proper and sufficient opportunity was not afforded by the Assessing Officer to the assessee during the course of assessment proceedings to furnish specifically the details […]

No suit can be continued against corporate debtor till conclusion of IBC 2016 proceedings

June 16, 2022 1095 Views 0 comment Print

Shrenuj & Co Limited Vs ACIT (ITAT Mumbai)  We found as per the provisions of Sec. 14 of IBC-2016 till the conclusion of proceedings under IBC-2016 no suit or proceedings can be continued against the corporate debtor. Considering the facts and circumstances, we are of the opinion that there is no point in proceeding with […]

Agricultural income cannot be taxed based on mere statistical data

June 16, 2022 1404 Views 0 comment Print

Kuldeep Katiyar Vs ACIT (ITAT Delhi) Addition of Rs.13,07,933/-treating the agricultural income as income from other sources. ITAT find that the assessee produced certain evidences in support of his claim regarding earning of agricultural income. The AO without verifying the correctness of claim and rebutting the evidences based his finding on certain statistical data. No […]

Capital loss on revaluation of fixed Assets & deduction from Book Profit

June 16, 2022 4791 Views 1 comment Print

DCIT Vs Railtel Corporation Of India Ltd. (ITAT Delhi) On perusal of the audit report of the Assessee-company, we observe that the Independent Statutory Auditor has expressed ‘qualified’ opinion on the financial statement and one of the qualifications relates to claim of loss on revaluation of assets in question. The qualification of Auditor has the […]

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930