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Rejection of books of accounts for want of tax audit report is unjustified

June 23, 2023 1392 Views 1 comment Print

ITAT Indore held that in the absence of any major discrepancies or defects in the books of accounts, the rejection of the books of account only for want of tax audit report is not justified.

Non-satisfaction of twin conditions doesn’t sustain revisionary jurisdiction u/s 263

June 23, 2023 828 Views 0 comment Print

ITAT Pune held that revisionary jurisdiction under section 263 of the Income Tax Act unjustified in absence of satisfying twin conditions which is mandatory preceded the invocation of revisionary jurisdiction.

Re-assessment notice time barred as conditions prescribed under 1st proviso to section 147 not complied

June 23, 2023 1335 Views 0 comment Print

ITAT Delhi held that the re­assessment notice issued under Section 148 is clearly time barred owing to non compliance conditions prescribed on 1st proviso to Section 147 of the Act. Accordingly, re-assessment proceeding is illegal and without jurisdiction.

ITAT directs AO to Verify & Grant Credit for Dividend Tax Payment

June 22, 2023 684 Views 0 comment Print

ITAT Delhi case where Catvision Ltd was wrongfully demanded Dividend Distribution Tax by the AO despite timely payments.

Difference in Non-Delivery Derivative Transactions to be taken for Turnover determination for Tax Audit

June 22, 2023 714 Views 0 comment Print

ITAT Delhi nullifies Section 271B penalty on Parag Jain, asserting that only difference in non-delivery derivative transactions should be taken into account when determining turnover for a tax audit.

Disallowance u/s 40(a)(ia) justified on account of non-deduction of TDS

June 22, 2023 876 Views 0 comment Print

ITAT Chennai held that disallowance u/s 40(a)(ia) of the Income Tax Act for non-deduction of TDS is justified as TDS is not deducted and assessee has failed to file any evidence that receipts have declared the amount in their return of income.

Brushing aside objections of assessee has rendered entire mechanism provided u/s 143(1)(a) as redundant

June 22, 2023 744 Views 0 comment Print

ITAT Raipur held that payment towards purchase of beer from the State Government is an exception to the applicability of section 40A(3). However, brushing aside the said objection/ response filed by the assessee had rendered entire mechanism provided u/s 143(1)(a) as redundant and otiose.

Maintenance charges taxable as business income since not connected to rental income

June 22, 2023 2970 Views 0 comment Print

ITAT Delhi held that maintenance charges not connected to the rental income cannot be considered as part of rental income. Accordingly, maintenance charge collected is taxable as business income.

Disallowance of revenue expenditure merely based on description of expense is unsustainable

June 22, 2023 1398 Views 0 comment Print

ITAT Ahmedabad held that disallowance of revenue expenditure treating it as capital merely on the basis of description of the expenditure without any substantive record is unsustainable.

Revisionary order u/s 263 unsustainable as transaction accepted by AO post due application of mind

June 22, 2023 738 Views 0 comment Print

ITAT Amritsar held that revisionary order under section 263 of the Income Tax Act unsustainable as AO accepted the deal of sale of agriculture land with a conscious and independent application of mind.

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