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Retention of revenues by assessee society as grant in aid by Govt is exempt under section 10(23C)(iiiab)

November 22, 2022 423 Views 0 comment Print

Retention of revenues by assessee society as grant in aid by Government of Punjab and assessee society thus continue to remain wholly funded by Government & assessee is thus held eligible for exemption under section 10(23C) (iiiab).

Assessee cannot be faulted if seller is not traceable or his name appears in list of non-genuine dealer

November 21, 2022 5001 Views 0 comment Print

Assessee cannot be faulted if the seller is not traceable and also that it is not the burden of assessee to investigate genuineness of seller or their business transaction.

Principle of natural justice should be given due consideration while adjudicating tax dispute

November 21, 2022 2619 Views 0 comment Print

It is well settled that no one should be condemned unheard. Therefore, principle of natural justice should be given due consideration while adjudicating the tax dispute.

ITAT allows recognition of Retention Money as revenue in year of receipt

November 21, 2022 1413 Views 0 comment Print

DCIT Vs Enexio Power Cooling Solutions India Pvt. Ltd. (ITAT Chennai) It could be seen that the nature of assessee’s work is such that a part of the contract amount is retained by the customers and the same is released on satisfactory performance of the project. Therefore, the assessee, following consistent method of accounting, defer […]

Gratuity cannot be disallowed merely for inconsistent entries in explanation of section 143(1)(a)

November 21, 2022 2256 Views 0 comment Print

Deduction of gratuity is available in substantive law and it cannot be disallowed merely by reference of inconsistent entries in explanation of s. 143(1)(a) of Income Tax Act being a procedural provisions, it shall not take away right confirmed in s. 37 r/w s. 40A(7) and s. 36(1)(v).

Penalty notice become defective if it does not disclose specific charge

November 21, 2022 1206 Views 0 comment Print

ACIT Vs Amit Tiwari (ITAT Indore) The submissions of the assessee are that penalty proceedings u/s 271AAB as initiated is bad in law on account of firstly penalty notice so issued is defective as it does not disclose specific charge and secondly there is no concealed income as search took place prior to due date […]

Reassessment without section 148 notice invalid even if assessee participated in proceedings

November 21, 2022 3312 Views 1 comment Print

Dr. Shri Gurunath Shankarappa Wachche Vs ITO (ITAT Pune) Section 292BB provides that where an assessee has appeared in any proceedings etc., it shall be deemed that any notice under any provision of this Act, has been duly served upon him in time and such assessee shall be precluded from taking any objection in any […]

Late Fees not applicable under Section 234E of Income Tax Act pertaining to The Period of Tax Deduction Prior to 01.06.2015

November 21, 2022 1434 Views 0 comment Print

The ITAT allowed the appeals and have sustained that, the demand under Section 200A for computation and intimation for the payment of fee under Section 234E could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year prior to 1.6.2015.

Foreign Tax Credit cannot be denied if Form 67 prescribed under Rule 128 of Income Tax Rules not filed

November 21, 2022 3177 Views 0 comment Print

The ITAT observed that Foreign Tax Credit cannot be disallowed in case of not filing Form 67 prescribed under Rule 128 of Income Tax Rules, 1962 Thu by this observation ITAT have not denied the substantive benefit in case of procedural lapse

Addition under Section 68 unsustainable in absence of establishment of links between evidences

November 21, 2022 1530 Views 0 comment Print

The ITAT deleted the additions made under Section 68 and 69C on the reasoning that AO was unable to establish links between the evidence collected.

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