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All ITAT

Repayment of cash loan by cheque doesn’t exonerate levy of penalty u/s 271D

February 15, 2023 1242 Views 0 comment Print

ITAT Bangalore held that penalty u/s 271D of the Income Tax Act is leviable on loan taken by way of cash. Notably, repayment of cash loan by way of cheque wouldn’t exonerate the assessee from levy of penalty.

Expense for computer software & its upgradation is revenue in nature

February 15, 2023 1722 Views 0 comment Print

DCIT Vs Yazdani International Pvt Ltd (ITAT Cuttack) ITAT Cuttack that expenditure towards various computer software and stationary and the expenditure towards upgradation of software for filing of return before the ROC and website design is revenue in nature and hence allowable. Facts- The revenue has challenged the action of CIT(A) in deleting the addition […]

Section 272A(1)(d) penalty not leviable if AO not acted on adjournment request of assessee

February 15, 2023 7119 Views 0 comment Print

No prejudice was caused to the Assessing Officer on account of non-complying with the notice u/s 142(1) issued on 05.09.2019 and inaction of the Assessing Officer on the adjournment petition moved by the assessee would also enable the appellant to believe that the time to comply with the extension of time as prayed was granted.

Unexplained Difference in amount specified in Form 26AS & returns – ITAT upheld addition

February 15, 2023 999 Views 0 comment Print

Assessee failed to establish difference amount specified in Form 26AS and returns despite several opportunities – ITAT upheld addition

Audited Books cannot be rejected for Producing Photocopy of Bills instead of original

February 15, 2023 1023 Views 0 comment Print

Blue Stampings & Forgings Ltd Vs DCIT (ITAT Delhi) ITAT held that Assessing Officer is not justified in taking drastic action of rejection of books of account which are audited and are without any qualification solely on the basis of general remarks that photocopy of the bills have been produced instead of original bills. No […]

Section 143(1) intimation cannot be issued for invalid return

February 15, 2023 1851 Views 0 comment Print

Rajdhani Institute of Information Technology Vs CIT(A) (ITAT Cuttack) It was the submission that the assessee had been served with a communication dated 21.08.2015 intimating that the return filed by it was a defective return and if the defect was not rectified the return would be treated as invalid. Assessee had not complied with the […]

Claim allowed in scrutiny proceedings cannot be withdrawn by AO by mere change of opinion

February 15, 2023 615 Views 0 comment Print

Once claim has been allowed in scrutiny proceedings, then AO cannot withdraw the claim under section 154, by mere change of opinion and without there being any apparent mistake on record.

ITAT upheld Share Premium addition – 95% of such appeals are filed by Shell Companies

February 15, 2023 948 Views 0 comment Print

Arham Packaging Goods Pvt. Vs I.T.O. (ITAT Kolkata) Normally, we do not hesitate in adjourning the matters on the request of assessees but we find that it is a case of share application and share premium. There are large number of appeals pending on this issue before the Tribunal and out of them, 95% are […]

Interest u/s 234A not leviable when return filed within due date specified u/s 139(1)

February 14, 2023 942 Views 0 comment Print

ITAT Bangalore held that interest under section 234A cannot be levied when the return of income is filed within the time stipulated in section 139(1) of the Income Tax Act.

Denial of foreign tax credit merely for delay in filing Form No. 67 is unjustifiable

February 14, 2023 1722 Views 2 comments Print

ITAT Mumbai held that mere delay in filing of Form No. 67 cannot preclude the assessee from claiming the benefit of foreign tax credit in respect of tax paid outside India.

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