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DCB reports relevant in determining proper payment of CST & VAT: ITAT

August 28, 2023 291 Views 0 comment Print

ITAT Hyderabad recognizes the relevance of DCB reports in determining proper payment of CST and VAT by Sri Gurukrupa Agro Industries for 2015-16.

Initiation of proceedings u/s 153C based on loose sheets seized from third party unsustainable

August 26, 2023 1503 Views 0 comment Print

ITAT Delhi held that initiation of proceedings u/s 153C of the Income Tax Act based on seized dumb documents found in the premises of third party is unsustainable in law as the seized documents are merely loose sheets not forming part of the books of account of the assessee and that they do not constitute admissible evidence.

Income from pension scheme exempt u/s. 10(23AAB) of Income Tax Act

August 26, 2023 4299 Views 0 comment Print

ITAT Mumbai held that surplus/ income from pension scheme/ business is exempt under section 10(23AAB) of the Income Tax Act.

Section 36(1)(vii) doesn’t require to establish that debts have become bad before writing off

August 26, 2023 1890 Views 0 comment Print

ITAT Mumbai held that post amendment to provisions of section 36(1)(vii) of the Income Tax Act as effective from 1st April 1989, the Act does not require the assessee to establish that the debts have in fact become bad before writing off. Accordingly, addition with regard to disallowance of claim of write off of bad debts duly deleted by CIT(A).

Disallowance u/s 36(1)(iii) unsustainable as interest bearing funds not utilized for non-business purpose

August 26, 2023 399 Views 0 comment Print

ITAT Ahmedabad held that disallowance of interest under section 36(1)(iii) unsustainable as interest bearing funds were not utilized for non-business purpose and interest free advances were made in the course of business.

Section 254(2): ITAT cannot rectify any mistake not apparent from record

August 25, 2023 1713 Views 0 comment Print

Dive deep into case of DCIT Vs Suman Solanki, as ITAT Jaipur discusses its authority to rectify mistakes, amendments from Finance Act, 2021, and interpretation of Section 254(2).

Revisionary proceedings u/s 263 justified if no proper inquiry by AO

August 25, 2023 396 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s 263 of the Income Tax Act justified in absence of proper inquiry by AO which renders the assessment order erroneous as well as prejudicial to the interest of revenue.

Cash Credit Addition Deletion by CIT(A) without Verification is Unjustified

August 25, 2023 495 Views 0 comment Print

ITAT Delhi held that addition of cash credits in various bank accounts deleted by CIT(A) without verifying the persons/firm/Companies from whom the alleged amount has been credited is bad-in-law. Accordingly, matter resorted to the file of AO.

Addition u/s 69B based on incriminating material found during search action sustained

August 25, 2023 1695 Views 0 comment Print

ITAT Mumbai held that addition under section 69B of the Income Tax Act towards unexplained investment sustained excel sheet and whatsapp chat are incriminating material found and seized during the course of search action.

Revisionary proceedings u/s 263 justified as AO passed order without necessary enquiry

August 25, 2023 483 Views 0 comment Print

ITAT Bangalore held that PCIT duly invoked provisions of section 263 of the Income Tax Act as assessment order was passed by AO without carrying out necessary enquiry/verification.

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