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No TP adjustment for interest on receivables from AE’s if delay is less than industry average

September 4, 2020 1335 Views 0 comment Print

TPO has not given any finding on the No. of days delay in receivables. As submitted by the learned AR, the delay was less than 90 days and the industry acceptable period of average is 90 days. The Coordinate Bench of the ITAT in assessee’s own case for the A.Y 2013-14 has taken view that no adjustment is required if the delay is between 90 to 120 days.

Investment on Renovation of New Residential House Eligible for section 54F Exemption

September 4, 2020 20799 Views 0 comment Print

The issue under consideration is whether the investment made on renovation of new residential house is eligible for exemption u/s 54F?

Section 54F exemption on renovation/re-modification expense of house

September 4, 2020 13167 Views 0 comment Print

Juveria Begum Vs ITO (ITAT Hyderabad) Section 54F of the Act only mandates that the capital gain should be invested in ‘a residential house’ within the stipulated time by way of purchase or construction. Thus, the amount spent on renovation of such residential house by an assessee according to his requirements is also allowable as […]

ITAT explains section 244A provisions – Interest on Income Tax Refund

September 4, 2020 33084 Views 0 comment Print

Maruti Suzuki India Ltd Vs CIT (Appeals) (ITAT Delhi) The Honorable Delhi ITAT recently adjudicated an appeal filed in the case of Maruti Suzuki India Ltd vs Commissioner of Income Tax (Appeals)-IX (ITA No. 2553, 2641/Del/2013) wherein the case before the Tribunal was related to the provisions of section 244A of the Income Tax Act. Post […]

Land cannot be held as an agricultural land in absence of agricultural operations

September 4, 2020 17850 Views 0 comment Print

Jairam G Kimmane Vs DCIT (ITAT Bangalore) In the present case, the claim of the Assessee that agricultural operations were carried out over the property and the property was actually used for agricultural purpose was sought to be established by relying on the classification of the property in revenue records. The Revenue contends that there […]

For Section 12AA registration assessee not required to furnish original MOA

September 3, 2020 2748 Views 0 comment Print

Arya Samaj Mandir Vs CIT (Exemption ) (ITAT Jaipur) From the facts of the present case, we noticed that the assessee had filed an application before the ld. CIT (Exemption) for seeking registration u/s 12AA of the Act. The assessee had also furnished the copy of MOA notorized by the Notary Officer, Bhilwara. However, the […]

Assessment Order Passed in Name of Amalgamated company i.e. Non-Existent Entity is Void-ab-Initio

September 3, 2020 2151 Views 0 comment Print

The issue under consideration is whether the Assessment Order against non-existent entities will be considered as valid in law?

Furnishing of Original copy of documents not mandatory for Section 12AA Registration from 19.02.2018

September 3, 2020 1173 Views 0 comment Print

Shrimad Dayanand Shiksha Samiti Bhilwada Vs CIT (ITAT Jaipur) From the facts of the present case, we noticed that the assessee had filed an application before the ld. CIT (Exemption) for seeking registration u/s 12AA of the Act. The assessee had also furnished the copy of MOA notorized by the Notary Officer, Bhilwara. However, the […]

Consider new claims of Assessee made before Appellate Authorities without revising Return: ITAT directs AO

September 2, 2020 1026 Views 0 comment Print

The issue under consideration is whether the assessee is seeking change in Income Tax Return by way of raising additional grounds of appeal in front of the tribunal and not filing Revised return will be entertained by the Tribunal?

Six AYs Counted from Date of Handing over of Assets/Documents to AO for Section 153C Assessments

September 2, 2020 1881 Views 0 comment Print

whether Assessment year in respect of proceedings u/s 153C of the Act to be same 6 years in the case of other person, for which the proceedings u/s 153A is initiated in the case of connected searched person?

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