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All ITAT

Concise Assessment Order doesn’t Imply Lack of Enquiry – Section 263

June 22, 2023 441 Views 0 comment Print

Analysis of a significant case – Manohar Lal Sarraf and Sons Pvt Ltd Vs Pr. CIT, where ITAT Delhi overturned a revision order under Section 263 of the Income Tax Act due to lack of jurisdiction. Dive into the details of the ruling

ITAT deletes addition for Cash Deposit considering evidence submitted by appellant

June 21, 2023 2730 Views 0 comment Print

ITAT Delhi partially approves the appeal by the assessee in Sudha Vs ITO, eliminating additional cash deposit sourced from past savings and agricultural activities.

Non-Written Back Amounts: Section 41(1) Inapplicable, Clarifies ITAT

June 21, 2023 1737 Views 0 comment Print

In Raunika Fashion Pvt. Ltd. Vs ITO (ITAT Delhi) case, ITAT clarifies that Section 41(1) cannot be invoked when trading liabilities have not been written back in books of accounts.

PF-ESI due date aligned with Payment Month, Expenses can be claimed u/s 37 instead of 36(1)(va)

June 21, 2023 7497 Views 0 comment Print

ITAT Delhi’s ruling on Sentinel Consultants P. Ltd. vs ACIT addresses the due dates for PF-ESI contributions, aligning with the ESIC & PF Act over the Income Tax Act’s Mercantile System, impacting the assessment years 2018-19 and 2019-20.

Section 271(1)(c) quashed as AO not specified the grounds for penalty 

June 21, 2023 1020 Views 0 comment Print

An in-depth look at the ITAT Dehradun ruling in Saraswati Dynamics Pvt Ltd Vs ACIT, highlighting the importance of specifying the grounds for penalty under Section 271(1)(c) of the IT Act. Explore how the tribunal’s decision impacts tax jurisprudence

Charitable activity genuineness unproved: Section 12AB Registration rejected

June 21, 2023 1080 Views 0 comment Print

Discover the intricacies of the ITAT Pune’s recent decision in Vashi Parivaar Foundation Vs Commissioner of Income Tax(Exemptions), highlighting the importance of proving the genuineness of charitable activities for gaining tax exemption.

Addition based on baseless allegation which cannot be proved is unsustainable

June 21, 2023 1098 Views 0 comment Print

ITAT Delhi held that the revenue itself is not very sure of the receipt of the cash nor there was any evidence. Accordingly, addition based on baseless allegation which cannot be proved is unsustainable.

Deduction u/s 36(1)(va) denied on failure to deposit employee’s contribution before relevant due date

June 21, 2023 804 Views 0 comment Print

ITAT Pune held that the deduction u/s 36(1)(va) in respect of employee’s contribution not entitled on failure to deposit employee’s contribution before due date prescribed under the relevant statutes.

Capital gain doesn’t form part of turnover for the purpose of section 44AB

June 21, 2023 3072 Views 0 comment Print

ITAT Surat held that assessee is not required to get his books of accounts audited under section 44AB of the Income Tax Act as capital gain, short term or long term, doesn’t form part of turnover. Accordingly, penalty under section 271B not leviable.

Time limit extendable in case of non-cooperation during conduct of special audit

June 21, 2023 810 Views 0 comment Print

ITAT Amritsar held that in case of non-cooperation during conduct of special audit under section 142(2A) of the Income Tax Act, the time limit to do the same can be extended at the end of the department.

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