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Penalty u/s 271(1)(c) not leviable on committing bona fide mistake

August 26, 2022 2472 Views 0 comment Print

Held that the mistake in not adding back the loss on sale of fixed assets in computation of income was a bona fide mistake inadvertently. Accordingly, penalty u/s 271(1)(c) not imposed.

Late fee u/s 234E for delay filing of TDS return not leviable prior to 01.06.2015

August 26, 2022 6138 Views 0 comment Print

Held that late fee u/s 234E for delayed filing of return of TDS not leviable while processing a return of TDS for the assessment years prior to 1.6.2015.

Appeal not maintainable on Failure of Resolution Professional to Amend Form No. 36A

August 26, 2022 372 Views 0 comment Print

DCIT Vs Housing Development & Infrastructure Ltd (ITAT Mumbai) Coordinate bench in the case of in the case of Orbit Corp Ltd. in ITA No. 2979 to 2981 /Mum/2020 , has held that the resolution professional was required to amend Form No. 36A for further prosecuting the appeal and in absence of which appeals were […]

Sections 2(22)(e) not applies to loans from sister concern on commercial basis

August 26, 2022 1656 Views 0 comment Print

Assessee firm has obtained loans from the sister concern on commercial basis. On facts it has emerged that the lender company has charged interest on advances made to assessee firm. The assessee has taken plea that the advances made by the lender company to the borrower assessee firm is not a loan/advance but is beset with the character of quid pro quo owing to charge of interest for the benefit of lender company.

Income Tax Appeal not Maintainable during IBC Proceedings

August 26, 2022 1008 Views 0 comment Print

Gayatri Projects Limited Vs DCIT (ITAT Hyderabad) A reading of provisions under section 13 and 14 of IBC Code along with decision in Ghanashyam Mishra And Sons, clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of the pending proceedings […]

ITAT deletes section 271C penalty in respect of EDC Amount paid to HUDA

August 26, 2022 594 Views 0 comment Print

In this case, AO pass order levying penalty amounting to Rs.6,62,100/- u/s 271C of Income Tax Act (being 2% of the EDC amount paid to HUDA).

Prohibition on institution of suits or continuation of pending suits after declaration of moratorium under IBC

August 26, 2022 1728 Views 0 comment Print

Deccan Chronicle Holdings Limited Vs ACIT (ITAT Hyderabad) Under section 13 of the Code, the adjudicating authority after admission of the application under section 7 or 9 or 10 of the IBC Code shall declare a moratorium which shall include the prohibition of the institution of suits or continuation of pending suits or proceedings against […]

ITAT allows reconciliation of difference between return of income & Form 26AS

August 26, 2022 2058 Views 0 comment Print

Assessee deserves one more opportunity to reconcile difference between contract receipts as shown in return of income & Form No. 26AS -ITAT

Different yardsticks not allowed for same property sale transaction by co-owners

August 26, 2022 1044 Views 0 comment Print

2 different yardsticks for same set of sale transaction made by co-owners not allowed. Assessee cannot be treated differently for similar transaction

SEBI Penalty for shortfall in margin money eligible for section 37 Deduction

August 26, 2022 1827 Views 0 comment Print

Penalty charged levied by SEBI related to shortfall in margin money is not for infraction of any law. hence allowable under section 37

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