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Addition on account of lesser amount considered as claw back payment unsustained

June 19, 2023 273 Views 0 comment Print

ITAT Kolkata held that addition on account of lesser amount considered as claw back payment unsustained as in case, a higher amount is to be considered as claw back payment, then a higher amount is to be allowed as a deduction not character of income

Addition u/s 68 sustained as genuineness of the transaction not proved

June 19, 2023 462 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit sustained as identity and creditworthiness of the parties and genuineness of the transaction not proved.

Addition set aside for fresh consideration with one more opportunity of being heard in interest of substantial justice and fair play

June 19, 2023 468 Views 0 comment Print

ITAT Chandigarh held that addition on account of failure to provide necessary explanation in respect of source of cash deposits in bank confirmed without considering explanation set aside with one more opportunity to assessee in the interest of substantial justice and fair play.

Exemption u/s 10AA available to interest received on temporary Fixed Deposits

June 19, 2023 1428 Views 0 comment Print

ITAT Bangalore held that the interest income received on temporary Fixed Deposits is eligible for exemption under section 10AA of the Income Tax Act.

Invocation of section 50C in mere transfer of right in property without transfer of title is unjustified

June 19, 2023 5769 Views 0 comment Print

ITAT Delhi held that provisions of section 50C of the Income Tax Act applies only in case of transfer of land or immovable property. Invocation of deeming provision of section 50C in case of mere transfer of right in property accrued under agreement without transfer of title is unjustifiable.

ITAT Deletes TDS Demand as tax on relevant amount Already Paid 

June 19, 2023 1860 Views 1 comment Print

This case revolved around purchase of a property from twenty co-owners, where assessee was treated in default for non-deduction of TDS. Assessee argued that demand resulted in double taxation as taxes already been paid.

ITAT Quashes PCIT’s Revisional Order for Failure to Fulfill Twin Conditions

June 19, 2023 435 Views 0 comment Print

ITAT Delhi quashed revisional order in Havells India Limited Vs PCIT case due to unfulfilled prerequisites for invoking Section 263 of IT Act.

ITAT Allows Bad Debts Claimed Based on Write-Off in P&L Account

June 19, 2023 555 Views 0 comment Print

In the case of Navyug Cotton Company vs. ITO, ITAT Pune held that deduction for claimed bad debts can be allowed based on write-off, thereby eliminating the requirement to prove that debt actually became irrecoverable

Disallowance Under Section 14A Cannot Exceed Exempt Income: ITAT Delhi

June 19, 2023 543 Views 0 comment Print

ITAT Delhi in Jubilant Securities Pvt Ltd Vs DCIT case, highlighted the rule that disallowance under Section 14A cannot exceed exempt income

ITAT orders re-adjudication for penalty under Section 271(1)(c) without proper hearing

June 19, 2023 207 Views 0 comment Print

ITAT Jaipur in Yogendra Khandelwal Vs ACIT, mandates re-adjudication for penalty imposed under Section 271(1)(c) without adequate hearing.

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