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All ITAT

Section 263 jurisdiction not invocable if order passed by AO not prejudicial to interest of revenue

June 22, 2022 477 Views 0 comment Print

For invoking jurisdiction u/s 263 of income tax act, the assessment order passed by assessing officer should be erroneous so far as prejudicial to interest of revenue.

ITAT imposes cost on appellant for non-appearance before AO

June 22, 2022 198 Views 0 comment Print

Amritha Raj gets a second chance at appeal in ITAT Bangalore. Non-appearance costs imposed but opportunity granted to present case before CIT(A)

Section 271(1)(c) penalty quantification dependent upon additions to income

June 22, 2022 369 Views 0 comment Print

Bharat Rana Chaudhry Vs ITO (ITAT Delhi) ITAT find that sub-clause (iii) of section 271(l)(c) provides mechanism for quantification of penalty. It contemplates that the assessee would be directed to pay a sum in addition to taxes, if any, payable him, which shall not be less than but which shall not exceed three times the […]

Not striking off irrelevant matter vitiate penalty proceedings

June 22, 2022 390 Views 0 comment Print

Sh. Prem Pal Gandhi Vs ACIT (ITAT Amritsar) The appellant objected to the levy of penalty as bad in law. He challenged that the AO has not mentioned under which limbs of section 27 1(1)(c) of the Act, whether for concealment of income or furnishing of inaccurate particulars, the penalty was initiated. Thus, He has […]

ITAT condones delay in appeal fling due to outbreak of COVID 

June 22, 2022 4203 Views 0 comment Print

Sri Sivajothi Spinning Mills Private Limited Vs DCIT (ITAT Chennai) ITAT heard both the sides, perused the materials available on record and gone through the orders of authorities below. The ld. CIT(A) (NFAC) has rejected the appeal filed by the assessee on the ground that the due date for filing the appeal was 30.03.2020 and […]

Expense cannot be denied under section 40(A)(2)(b) on surmises & conjectures

June 22, 2022 1731 Views 0 comment Print

Balani Infotech P. Ltd. Vs ACIT (ITAT Delhi) It is for an assessee as a businessman to come to a conclusion as to what remuneration of the salary is to be paid to the employees and the reasonableness of the expenses is to be judged from the angle of a businessman rather than from angle […]

Section 153C: Addition for Share Capital without Incriminating Material not sustainable

June 22, 2022 1050 Views 0 comment Print

DCIT Vs Apple Metal Industries Pvt Ltd (ITAT Delhi) Assessment for Assessment Year 2011-12 was completed after making addition on account of unverified share application money amounting to Rs. 8,70,71,936/- and in Assessment Year 2014-15, addition on account of unverified share capital amounting to Rs. 30,00,600/- was made. The impugned assessment order clearly shows that […]

Share application money – ITAT quashes Section 263 Revision proceedings

June 22, 2022 522 Views 0 comment Print

Armajaro Trading India (P) Limited Vs ITO (ITAT Cochin) In the instant case, one of the reasons for limited scrutiny was for the purpose of examining whether the share application money received by the assessee was genuine and was from disclosed sources. It is seen that the assessee had shown an amount of Rs.2,55,94,110 as […]

ITAT explains impact on taxability when treaty not contains FTS clause

June 22, 2022 5463 Views 0 comment Print

DCIT Vs Michelin ROH Co. Ltd. (ITAT Delhi) Brief facts of the case are that the assessee has a company incorporated in Thailand and offers a number of services, such as, business planning and coordination, engineering services, product research and development etc. to its Indian subsidiary. On offering these engineering services, the assessee obtained a […]

ITAT upheld penalty on amount accumulated by Trust but not utilised & disclosed in ITR

June 22, 2022 258 Views 0 comment Print

Association of Indian Forging Industry Vs ITO (ITAT Pune) Association of Indian Forging Industry (hereinafter referred to as appellant) is a not-for-profit company incorporated u/s 25 of the Companies Act, 1956 and is also registered u/s 12A of the I.T. Act 1961, therefore eligible for exemption u/s 11 of the Act. As per the memorandum […]

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