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Assessee can claim Section 54F deduction during Section 147 Proceedings

June 2, 2020 5139 Views 0 comment Print

Whether AO is correct in rejecting the claim of assessee regarding the deduction u/s 54F, which was made first time during Reassessment Proceedings?

Addition on estimate basis – Section 271(1)(c) cannot be imposed

June 2, 2020 1731 Views 0 comment Print

It is a settled principle of law that where addition to assessee’s income is made on estimate basis penalty under section 271(1)(c) cannot be imposed.

No section 68 addition if assessee discharges burden put upon it

June 1, 2020 1236 Views 0 comment Print

In balance sheet of assessee credit balance of lenders had been shown at Rs. 49 lacs and Rs. 13 lacs and details of accounts along with confirmation, addresses and PAN of lenders were furnished before AO for verification. Even assessee had furnished copy of assessment orders passed in case of lender for the relevant year for verification. Apart from that, funds had been received by assessee through banking channel, and therefore, all the ingredients necessary for proving cash credit under section 68 stood satisfied by assessee. Therefore, AO was not justified in making addition under section 68.

Validity of addition for Undervaluation/Understatement/ Shortage of closing stock

June 1, 2020 12360 Views 0 comment Print

Shyam Cotsyn India Ltd. Vs ITO (ITAT Ahmedabad) Understatement of stock or unrecorded sale If the assessee has overvalued its closing stock of the earlier assessment year which suggests that amount of profit was increased by that amount or the loss was decreased by the same amount of that assessment year. As such the effect […]

Provisions of section 153C on search date will be applied to proceedings

June 1, 2020 3087 Views 0 comment Print

DCIT Vs Late Shri Pravinsinh N Zala (ITAT Rajkot) Whether the amendment brought under the provisions of section 153C of the Act, where the word ‘belong’ was replaced with the word ‘pertain’ is applicable for the year under consideration. It was only on 1st June, 2015 when the amended provisions came into force that the […]

ITAT upheld section 69 Addition for cash found in bank locker

May 31, 2020 1899 Views 0 comment Print

The issue under consideration is whether A.O. and CIT is correct in making an addition u/s 69 for cash found during search in bank locker?

Nature of rent Income not changes merely for Agreement Type

May 31, 2020 1338 Views 0 comment Print

Mahle Filter Systems Pvt. Ltd. Vs Add. CIT (ITAT Delhi) The issue under consideration is whether A.O. is correct in treating the ‘rental income’ as ‘income from other sources’? The assessee has disclosed rental receipts from its factory building and after deducting 30% as per provisions of section 24 of the Act, income from house […]

No Section 69 addition merely for cash deposit in Saving Bank Account

May 30, 2020 4806 Views 0 comment Print

The issue under consideration is whether the addition made by the A.O. for cash deposited into saving bank account by the assessee is justified in law?

Section 12AA registration cannot be rejected merely on suspicion

May 30, 2020 2481 Views 1 comment Print

The issue under consideration is that whether the CIT(Exemptions) is correct in rejecting the application seeking grant of registration u/s 12AA of the Act?

POA holder is authorised to sign appeal form of Foreign Company

May 30, 2020 3351 Views 0 comment Print

The form of appeal shall be verified by the person who is authorised to verify the return of income under section 140 of the act as applicable to the assessee. According to the provisions of section 140(c) of the act, the first proviso says that where company is not a resident in India, the return may be verified by a person who holds a valid power of attorney (POA) from such company to do so.

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