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Despite addition no penalty when Assessee has already disclosed all facts

December 22, 2020 3795 Views 0 comment Print

ACIT Vs Kishangarh Hi Tech Textile Park Ltd. (ITAT Jaipur) Since the assessee has disclosed entire facts in the Balance Sheet with regard to the subsidy of Rs. 36.00 crores received by it and the depreciation at 80% on the entire windmill as a whole has been claimed on the basis of various decisions of […]

AO cannot disallow interest in section 80IA deduction working when same already been disallowed by Assessee

December 22, 2020 2901 Views 0 comment Print

GVK Jaipur Expressway Private Limited Vs. DCIT (ITAT Jaipur) It was submitted that the assessee on review of the appeal documentation noticed that it has suo-moto disallowed the interest receipts while computing book profits for the purposes of deduction u/s 80IA of the Act and the said fact has inadvertently escaped its attention at the […]

No valid belief can be formed on the basis of incorrect/non-existing facts

December 21, 2020 3261 Views 0 comment Print

Prithvi Raj Singh Vs I.T.O. (ITAT Jaipur) We found that the assessee had declared capital gain income in return which clearly shows that there is non-application of mind on the part of the A.O. while recording the reasons as he did not consider the return furnished by the assessee wherein capital gain income has been […]

No Rule 46A violation if Order was not merely based on additional evidence

December 21, 2020 966 Views 0 comment Print

DCIT Vs Expeditors International (India) Pvt. Ltd. (ITAT Delhi) The grievance of the Revenue is that CIT(A) has decided the issue in favour of the assessee by considering the supplementary TNMM analysis and other documents filed before her and those documents were not made available to AO and secondly on merits, the order of TPO […]

Cash found & seized- Arguments must be substantiated by Documents

December 21, 2020 1659 Views 0 comment Print

Devendra Kumar Jhanwar Vs ITO (ITAT Jodhpur) The impugned addition stem from the fact that an amount of Rs.8 Lacs in cash (in old currency notes of denomination of Rs.500 & Rs.1000 as demonetized by government on 08/11/2016) was found from the possession of the assessee on 18/11/2016 at arrival terminal of Maharana Pratap Airport, […]

Assessment without issuance of notice U/s 143(2) is void ab-initio

December 21, 2020 5886 Views 1 comment Print

Smt. Gyatri Sharma Vs ITO (ITAT Jaipur) From the record, we also noticed that the A.O. has not stated either in the assessment order or in the ordersheets of the assessment proceedings that any notice U/s 143(2) of the Act was issued to the assessee. It is clear that there is no notice U/s 143(2) […]

ITAT allows Depreciation to Trust- Section 11(6) amendment is prospective

December 21, 2020 5001 Views 0 comment Print

ACIT Vs M/s. Mayo College General Council (ITAT Jodhpur) The deduction of depreciation for Rs.300.37 Lacs as claimed by the assessee was denied by Ld. AO on the reasoning that cost of fixed asset is an application of income and therefore further deduction of depreciation tantamount to double deduction. The Ld. CIT(A) allowed depreciation by […]

CIT cannot expand limited scrutiny by section 263 Order

December 20, 2020 3138 Views 0 comment Print

Sonali Hemant Bhavsar Vs PCIT (ITAT Mumbai) We observe from the notice issued under section 143(2) of the Act for limited scrutiny dated 19.09.2016 and find merits in the contentions of the assessee that the said limited scrutiny can not be expanded unless the AO converted it into complete scrutiny with the approval of Ld. […]

Section 263 Revisional Jurisdiction not permitted to traverse beyond jurisdiction vested with AO

December 20, 2020 1242 Views 0 comment Print

R. & H. Property Developer Pvt. Ltd. Vs PCIT (ITAT Mumbai) Pr. CIT had held the order passed by the A.O under Sec. 143(3), dated 10.10.2016 as erroneous, in so far it was prejudicial to the interest of the revenue, for the reason, that he had failed to carry out proper investigation as regards the […]

ITAT Allows Foreign Tax Credit under Indo-Japanese Tax Treaty to Law Firm

December 19, 2020 1890 Views 1 comment Print

ITAT Mumbai verdict on Amarchand & Mangaldas vs ACIT. Disputed tax credit under Indo-Japanese tax treaty. Details of the case and judgment.

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