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Addition in hands of employee unsustainable as cash was handled on behalf of employer

January 13, 2023 708 Views 0 comment Print

ITAT Mumbai held that addition with regard to unexplained payment unsustainable in the hands of the employee as employee merely handled the cash on behalf of the employer.

No Section 271(1 )(c) penalty on addition under Section 50C

January 13, 2023 8490 Views 0 comment Print

Assessee not liable for penalty under Section 271(1 )(c) when an addition is being made with the help of deeming provision of Section 50C

Section 263 cannot be invoked for non-verification in year of transfer of utilization of amount deposited in Capital Gain Account

January 13, 2023 798 Views 0 comment Print

Any action on part of the Assessing officer to verify utilization of amount deposited in capital gains account scheme needs to be undertaken or examined in the year when the period of three years from the date of transfer of original asset expires and not in year of transfer of original asset.

Section 234E TDS late Return filing fee applicable from 01-06-2015

January 13, 2023 1299 Views 0 comment Print

Section 200A deals with processing of TDS statement & Clause (c) of sub-section (1) of section 200A was inserted w.e.f. 01-06-2015 providing for levy of fee u/s. 234E

Section 142A valuation provisions not applicable to ready built house

January 13, 2023 1998 Views 0 comment Print

ITAT held that Investment referred  in Section 142A pertains to Investment made by  assessee in construction of property and not investment made in purchase of  ready built house property.

TCS on Scrap- No time line prescribed for filing of declaration to claim exemption

January 13, 2023 1839 Views 0 comment Print

Falgun N. Sheth Vs ITO (ITAT Rajkot) The plain reading of the provision of law as provided in section 206C(1A) of the Act would bring out there is no time line prescribed for filing of such declaration. Nothing to this effect has been brought to our notice by the ld. DR; nor is it his […]

ITAT deletes section 271DA penalty as cash deposit was by a party from remote location

January 13, 2023 3015 Views 0 comment Print

Assessee demonstrated that cash deposit in its bank account by a party in the state of Assam is against its sales realisation and is duly accounted in its books of account and offered for taxation.

Adoption of one possible course doesn’t make order erroneous and revision thereon not permissible

January 12, 2023 420 Views 0 comment Print

ITAT Ahmedabad held that adoption of one of the courses permissible in law which resulted in to loss of revenue cannot be treated as erroneous order and accordingly invocation of revision proceedings u/s 263 unjustifiable.

Addition brushing aside Certificate issued by DDIT (Exemptions) is untenable in law

January 12, 2023 474 Views 0 comment Print

ITAT Delhi held that addition on the allegation of non-deduction of TDS unsustainable as AO failed to point out on which payments the assessee had not deducted TDS. Also, the claim of the assessee is supported by the certificate issued by the DDIT (Exemptions).

Rule of consistency cannot be followed due to leakage of revenue

January 12, 2023 675 Views 0 comment Print

ITAT Delhi held that rule of consistency cannot be followed when the assessee has not discharged its onus and there is leakage of revenue.

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