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Alleged Betrayal by Counsel – ITAT grants Fresh Opportunity

July 21, 2020 891 Views 0 comment Print

the assessee requested an opportunity to explain the case and to submit all the necessary information & documents to the Assessing Officer since his counsel did not attended the decided hearings to solve the case.

Section 54 benefit cannot be denied for Procedural Non-Compliance

July 20, 2020 2820 Views 0 comment Print

The issue under consideration is whether the benefit of section 54 of the Income Tax Act, being a beneficial provision, can be denied to the assessee due to non-compliance of procedural requirements?

ITAT deletes addition for Bogus LTCG for Violation of principles of natural justice by AO

July 20, 2020 1725 Views 0 comment Print

ITAT Mumbai: Anjana Sandeep Rathi vs. ACIT – Disputed LTCG on share sale. Violation of natural justice. Detailed analysis of the judgment and impact.

Percentage Completion Method for Revenue Recognition not mandatory for Construction Companies till AY 2016-17

July 20, 2020 46101 Views 0 comment Print

The issue under consideration is whether as per Section 43CB, profits and gains of a construction company mandatorily be determined on the basis of percentage completion method for revenue  recognition?

Validity of Reopening for making section 14A disallowance

July 20, 2020 1641 Views 0 comment Print

Bharat Chimanlal Parekh Vs ITO (ITAT Mumbai) Undisputedly, the assessee has voluntarily filed his return of income within the time prescribed under section 139(1) of the Act and the assessment was completed under section 143(3) of the Act. On a perusal of the documents placed in the paper book, it is very much evident, in […]

Amendment in Section 200A dated 01.06.2015 are prospective

July 20, 2020 7470 Views 1 comment Print

Keshav Industries Pvt. Ltd. Vs ITO-TDS (ITAT Indore) Amendment dated 01.06.2015 in Section 200A of the Income Tax Act, 1961 is prospective in nature and cannot be applied retrospectively to previous TDS instances The ITAT Indore in Rajendra Prasad Tiwari (through Aakash Tiwari) Vs. Income Tax Department, had on 14/07/2020 brought a landmark finding on retrospective […]

CIT(A) cannot enhance Income on a new source of income which was not considered by AO 

July 18, 2020 2487 Views 0 comment Print

Sugota Industries Pvt. Ltd Vs ITO (ITAT Mumbai) The AO in this case has only disallowed expenses u/s 14A of the Act r.w. Rule 8D of the Income Tax Rules. No other aspect or issue has been touched by the AO in the assessment order. The ld. CIT(A) enhanced the assessment by disallowing the claims […]

ITAT quashes reopening as AO provided only a Part of reason recorded to Assessee

July 17, 2020 1287 Views 0 comment Print

ITAT quashed reopening where reasons recorded by the assessing officer produced before the higher authority are quite different and whereas the extract given to the assessee was merely of two paragraphs

ITAT upheld addition in Case related to deposit in Swiss Bank

July 17, 2020 2250 Views 0 comment Print

Renu T Tharani Vs DCIT (ITAT Mumbai) The assessee is not a public personality like Mother Terresa that some unknown person, with complete anonymity, will settle a trust to give her US $ 4 million, and in any case, Cayman Islands is not known for philanthropists operating from there; if Cayman Islands is known for […]

Disallowance for Depreciation on Brand License Fees is unjustified

July 17, 2020 1677 Views 0 comment Print

The issue under consideration is whether the disallowance made on account of depreciation on payment of brand license fees is justified in law?

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