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All ITAT

Section 271(1)(c) obliterated as AO failed to specify specific Limb for levy of penalty

May 23, 2022 1272 Views 0 comment Print

Malook Nagar Vs ACIT (ITAT Delhi) Since the AO has not been specified u/s 274 as to whether penalty is proposed for alleged ‘concealment of income’ OR ‘furnishing of inaccurate particulars of such income’, the penalty levied is hereby obliterated. FULL TEXT OF THE ORDER OF ITAT DELHI The present appeals have been filed by […]

No bar under law to initiate fresh reassessment proceedings

May 23, 2022 702 Views 0 comment Print

Shivsamarth Group Vs PCIT (ITAT Pune) Admittedly, in the present case, the order which is sought to be revised is the order dropping the reassessment proceedings u/s 147 of the Act. On carefully going through the material on record, it would be clear that the original reassessment proceedings were initiated with view to tax the […]

ITAT on allowability of Payment to Formula one Car Driver

May 23, 2022 594 Views 0 comment Print

GSA Gestions Sportives Automobiles SA Vs DCIT (ITAT Delhi) The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that penalty can’t be invoked under Income Tax Act without relevant documents which substantiate business activities. The appellant GSA (Gestions Sportives Automobiles) is a company engaged in providing services of qualified motor racing drivers to teams […]

Section 54F exemption not allowable if no property purchased or constructed within stipulated period

May 23, 2022 2619 Views 0 comment Print

Asha Bhausaheb Thube Vs ITO (ITAT Pune) Section 54F of the Act requires assessee to purchase new residential house within a period of Two years after the date of Sale or construct within a period of Three years. In this case, it is a fact that assessee has neither purchased nor constructed a residential house […]

Limited scrutiny- AO cannot go beyond dispute raised in section 143(2) notice

May 23, 2022 6363 Views 0 comment Print

Jurisdiction of AO in cases where section 143(2) notices issued for limited scrutiny is confined to claims AO set out in notice

AO’s order imposing penalty is appealable before CIT(A) and not to ITAT

May 23, 2022 2619 Views 0 comment Print

Desmond Savio Theodore Fernandes Vs ITO (ITAT Mumbai) Section 246A(1)(q) specifically includes, in orders appealable before the learned Commissioner (Appeals), ‘an order imposing a penalty under chapter XXI’, and chapter XXI of the Income Tax Act, 1961 covers Sections 270 to 275- Section 270A, dealing with underreporting and misreporting of income, is thus covered by […]

No Section 54 exemption on Gain on Sale of industrial plot of land with office-cum-residential structure

May 23, 2022 7779 Views 0 comment Print

Chain Singh Mundra Vs ITO (ITAT Chandigarh) In the instant case, the limited dispute relates to whether the assessee has transferred a residential house or not. On perusal of the Sale Deed executed by the assessee, it is noticed that what has been transferred is an industrial plot No.C-10 alongwith construction thereon situated at Sector […]

No addition for cash deposited post demonetization out of Sale proceeds

May 23, 2022 2742 Views 0 comment Print

ITAT Bangalore ruling on demonetization cash dispute. Assessing double taxation on demonetized notes as sales proceeds. Learn more about the case.

ITAT allows Section 54 Exemption on Notional value of Flat to be constructed in future time

May 22, 2022 1536 Views 0 comment Print

ITO Vs Sanika Avadhoot Shilotri (ITAT Mumbai) When the developer failed to provide original flat then it had offered another flat in the building which was to be constructed on a future date. When the assessee has booked the flat that property was not in existing and it was a property to be constructed in […]

Reassessment cannot be In Casual & Whimsical Manner

May 22, 2022 762 Views 0 comment Print

Manash Nandi Vs ITO (ITAT Kolkata) We find that the AO has recorded the reasons u/s 148 of the Act in a very casual manner. We find that the AO has only reproduced in the reasons recorded the information received and hurriedly came to the conclusion that there exists escapement of income and evasion of […]

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