Sponsored
    Follow Us:

All ITAT

No section 271(1)(b) Penalty Unless Conduct of Assessee Is Contumacious

June 22, 2022 900 Views 0 comment Print

Krishan Kumar Goel Vs DCIT (ITAT Delhi) AO has made additions and computed the income at Rs.1,88,85,961/-. Nowhere in the order of the AO there is any whisper that AO is not satisfied by the compliance by the assessee to his notices or queries. Now, the same AO has passed the above said penalty order. […]

No section 40(a)(ia) disallowance for shortfall in TDS due to difference of opinion

June 22, 2022 945 Views 0 comment Print

Shree Sita Edibles Ltd. Vs ITO (ITAT Raipur) ITAT find that the issue involved in the present appeal lies in a narrow compass, i.e., as to whether or not, a short deduction of tax at source by the assessee would call for triggering the provision of Sec. 40(a)(ia) of the Act for disallowing the amount […]

Section 154 cannot be invoked for Applicability of section 14A to section 115JB provisions

June 22, 2022 480 Views 0 comment Print

DCIT Vs Jammu Pigments Ltd. (ITAT Delhi) Assessing Officer initiated proceeding under section 154 of the Act to make the disputed disallowance while computing the book profit and ultimately did so. Therefore, it is evident, the 154 proceeding was at the behest of the Revenue audit. Applicability of section 14A read with Rule 8D to […]

Section 147/143(3) Assessment is null & void in absence of service of Section 148/143(2) notice

June 22, 2022 2175 Views 0 comment Print

ITAT held that the absence of service of notice u/s 148/143(2) of the Act, reassessment framed u/s 147 r.w.s 143(3) of the Act will be null and void.

GST paid before ITR Filing due date but after ITR filing allowable- Section 43B

June 22, 2022 2220 Views 0 comment Print

Padagouda Hanamanthgouda Patil Vs ACIT (ITAT Bangalore) ITAT noticed that assessee has filed his return of income on 15.10.2018. However, it is the submission of the assessee that the GST amount cited above was paid on 16.10.2018. Hence by the time, the return of income was filed, the assessee has not paid the GST amount […]

Loss on Sale of Asset allowable As Application of income to Charitable Trust

June 22, 2022 2517 Views 0 comment Print

Rajiv Gandhi Charitable Trust Vs JCIT (E) (ITAT Delhi) The issue in the present ground is with respect of claim of loss as application of income. It is an undisputed fact that the loss that assessee had incurred on sale of fixed assets and the same has been debited to the income and expenditure account […]

Section 10(23B) Exemption cannot be denied for Mere Technical Violation

June 22, 2022 3372 Views 0 comment Print

Barapur Gramodyog Vikas Samiti Vs ITO (ITAT Delhi) The AO while completing the assessment noticed that the assessee claimed exemption u/s 10(23B) of the Act as the assessee was engaged in the business of production, sale, etc. of Khadi and Products of Village Industries. The AO was of the view that in view of proviso […]

Order passed without considering submission amounts to miscarriage of justice

June 22, 2022 1980 Views 0 comment Print

ITAT held that CIT(A) has considered the case laws and details submitted by the assessee. To our mind, same is amounting to miscarriage of justice

Interest expense on unsecured loans raised for earning interest allowable u/s. 57(iii)

June 22, 2022 2949 Views 0 comment Print

Shri Pankaj Surana Vs ITO (ITAT Raipur) As per Section 57(iii) of the Act, any expenditure not being in the nature of a capital expenditure, laid out or expended wholly and exclusively for the purpose of making or earning income under the head ‘income from other sources’ is to be allowed as a deduction. As […]

CIT cannot summarily dismiss Appeal for Non-Prosecution

June 22, 2022 1389 Views 0 comment Print

Vishnu Kumar Sinha (HUF) Vs ACIT (ITAT Raipur) In this case CIT(Appeals) had disposed off the appeal for non-prosecution and had failed to apply his mind to the issue which did arise from the impugned order and has been assailed by the assessee before him. We are unable to persuade ourselves to accept the manner […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031