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If in a case foundation removed, super-structure falls, additions goes

March 23, 2022 2883 Views 0 comment Print

ACIT Vs Sreeleathers (ITAT Kolkata) Firstly the survey statement has been recorded by DDIT(Inv) in some third party case and not that of assessee. Secondly the deponent has been administered oath before his statement was recorded, which is not in accordance to Section 133A of the Act and the Hon’ble Supreme Court in Khader Khan […]

ITAT deletes section 272A(1)(c) penalty for default due to Ignorance of law

March 23, 2022 3564 Views 0 comment Print

Suresh Kumar Agarwal Vs JDIT (ITAT Jaipur) ITAT perused materials available& observed that learned CIT (A) erred in upholding the order by the AO, Where the assessee admitted his delay in reply for the notice and delay in complying the summons. Assessee submitted that he was a small business contractor and he was not aware […]

Section 271A Penalty imposed on Doctor For Non-Maintenance of Books

March 23, 2022 10080 Views 0 comment Print

Yogesh Parashram Pangarkar Vs ITO (ITAT Pune) As per Income Tax Rule 6F the appellant i.e. Doctor has to maintain the books of accounts mentioned in the Rule 6F. The ld.AR submitted that the appellant is maintaining cash book and petty cash book. Even before the ld.CIT(A) the appellant had submitted that the appellant maintained […]

Gain from Sale of Land (Shown as Investment in Books) is taxable as Capital Gain

March 23, 2022 4998 Views 0 comment Print

Hariom Associates Vs ITO (ITAT Pune) It is seen that the assessee purchased the land in the financial year ending 31-03-2006. Development expenses amounting to Rs.2.00 lakh were also incurred in that year. Before the close of the year ending on 31.3.2006, the assessee came to know about a litigation going-on on this plot. Development […]

Employees Contributions to ESI & PF made after due date allowable as Deduction

March 22, 2022 5010 Views 0 comment Print

Deloitte Haskins & Sells Vs Additional Director of Income Tax (ITAT Kolkata) ITAT, Kolkata has specifically propounded that if employees’ contribution received by an assessee and paid to ESI and PF accounts before the due date of filing of the return, then the assessee will be eligible to claim the deduction of such amounts. With […]

No Section 234E late fees for Failure to file TDS/TCS Return prior to 01.06.2015

March 22, 2022 933 Views 0 comment Print

Garrison Engineer (E/M) Vs JCIT (TDS) (ITAT Agra) The common issue involved in these appeals is that the AO imposed late fees u/s 234E of the Act., where the enabling clause (c) was inserted in the section 200A w.e.f. 01.06.2015. Which has been confirmed by the Ld. CIT(A) relying on the of Hon’ble Gujarat High […]

AO cannot treat a revenue expense as capital without showing any justifiable grounds

March 22, 2022 2895 Views 0 comment Print

DCIT Vs Quippo Oil And Gas Infrastructure Ltd (ITAT Delhi) The assessee-company is engaged in providing plants and machinery, mobile drilling rigs, equipment and other related services to oil and gas industry. The assessee during the year has entered into contract with Jubilant Oil and Gas Pvt. Ltd. On perusal of the terms of the […]

Income from granting access to data base is not Royalty under India-USA DTAA

March 22, 2022 3885 Views 0 comment Print

OVID Technologies Inc. Vs DCIT (ITAT Delhi) In the case in hand, the revenue derived by the assessee from granting limited access to its data base is akin to sale of book, wherein purchaser does not acquire any right to exploit the underlying copyright. When the purchaser reads the book, he only enjoys the content. […]

Revenue cannot file appeal during moratorium period under IBC, 2016

March 22, 2022 2022 Views 0 comment Print

DCIT Vs Global Softech Ltd. (ITAT Mumbai) As per the provisions of section 14 of the IBC Code institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other authority shall be prohibited during […]

No Section 54B exemption if property not purchased in the name of assessee

March 21, 2022 4713 Views 0 comment Print

Vandana Maruti Pathare Vs ITO (ITAT Pune) Succinctly, the factual panorama of the case is that the assessee transferred certain agricultural lands and claimed exemption u/s 54B of the Act amounting to Rs.18 lakhs. During the course of assessment proceedings, the assessee submitted that she purchased new agricultural land in the name of her sons, […]

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