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All ITAT

Section 80P(2)(d) deduction: Co-op Society Eligible to claim on Interest Income from FDR with Co-op Bank

June 12, 2023 1095 Views 0 comment Print

ITAT’s ruling affirms that a Co-operative Society can claim deductions for the interest income derived from a Fixed Deposit Receipt (FDR) with a Co-operative Bank.

Capital gain from jointly owned property sale cannot be attributed to single co-owner

June 12, 2023 2181 Views 0 comment Print

ITAT Ahmedabad in Sureshbhai Ashwinbhai Patel Vs ITO clarified that complete sale consideration from such a property cannot be attributed as capital gain of a single co-owner.

Rule 8(1): Taxable Tea Business Income to be determined after disallowance

June 12, 2023 2136 Views 0 comment Print

Rule 8(1) states that income from business of tea growing & manufacturing is computed as 40% of total income determined under Income Tax Act

ITAT upheld section 271FA penalty for non-filing of SFT

June 12, 2023 1647 Views 0 comment Print

A penalty of was levied under section 271FA of Income Tax Act, 1961. The assessee’s subsequent appeal, stating that SFT was filed when e-filing portal was available, lacked supporting evidence and hence did not hold in court.

Impact of Section 56(2)(vii) on Property Purchased Above Circle Rate

June 12, 2023 5901 Views 0 comment Print

Vinit Kumar Vs DCIT – ITAT Delhi clarified the application of Section 56(2)(vii) on properties purchased for more than the circle rate.

Business Loss from Chit Fund Allowed by ITAT

June 12, 2023 996 Views 0 comment Print

Detailed analysis of ITAT Delhi’s ruling in Nijhawan Travel Services Pvt. Ltd. Vs DCIT, exploring the critical determination that the loss of Chit Fund used for business is allowable as a business loss.

Failure to Issue Section 143(2) Notice within Prescribed Time Limit Invalidates Reassessment

June 12, 2023 468 Views 0 comment Print

ITAT Kolkata’s decision, invalidating reassessment for Vansa Properties Pvt. Ltd. vs ITO due to non-issuance of notice under Section 143(2) within stipulated timeframe.

ITAT Deletes Section 271B Penalty: Non-Compliance of Notice not Always Deliberate

June 12, 2023 474 Views 0 comment Print

ITAT Kolkata deletes the penalty imposed on Devnadi Advisory Pvt. Ltd. due to alleged non-compliance of notice under section 271B of the Income Tax Act

ITAT rejects dismissal of Meritorious case when Valid Documents produced

June 12, 2023 273 Views 0 comment Print

ITAT Hyderabad case Narasimha Rao Venkata Lakshmi Nandury Vs ITO, emphasizing that a meritorious case should not be dismissed when proper documents are produced

Penalty u/s 271(1)(c) without opportunity to assist to Assessee – ITAT directs NFAC for fresh consideration

June 11, 2023 1959 Views 0 comment Print

Balwant Baburao Vitekar (Late) vs ITO (ITAT Pune) where the imposition of penalty under section 271(1)(c) was challenged. The appeal was allowed on the grounds that the assessee was not given the opportunity to assist in the penalty proceedings.

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