Sponsored
    Follow Us:

All ITAT

Section 154 Rectification order cannot be Passed on Debatable Issue

May 10, 2022 1632 Views 1 comment Print

Allied Agencies Vs ITO (ITAT Delhi) Hon’ble Apex Court in the case of TS Balaram Vs. Volkart Brothers 82 ITR 50 (SC) clearly held that a mistake apparent on the record must be an obvious and patent mistake and not something which has to be established by a long drawn process of reasoning on points […]

Section 12A(ab) mandates filing of application within 30 days

May 10, 2022 1188 Views 0 comment Print

Aspam Foundation Vs CIT (Exemption) (ITAT Delhi) 1. The Assessee herein has preferred the instant appeal against the order dated 31.01.2019 impugned herein passed u/s 12AA(1)(b) r.w.s. 12A of the Income Tax Act, 1961 (for short “the Act”), by ld. Commissioner of Income tax (Exemption), New Delhi (in short “Ld. Commissioner”). 2. In this case, […]

Section 56(2)(vii)(c) not applicable to bonus shares: ITAT

May 10, 2022 4230 Views 0 comment Print

JCIT Vs Sh. Bhanu Chopra (ITAT Delhi) The only issue involved in the instant case relates to acquiring of bonus shares and applicability of the provisions of section 56(2)(vii)(c) of the Act to the same. It was held by the Tribunal that allotment of bonus shares cannot be considered as received for an inadequate consideration […]

Delay of 1037 Days in filing Appeal due to Wrong Professional Advice condoned

May 10, 2022 2496 Views 0 comment Print

Bangalore Metro Rail Corporation Ltd. Vs DCIT (ITAT Bangalore) We note that Ld. CIT(A) dismissed the appeal in limine due to the delay caused in filing the appeal before him. The affidavit that was filed by the assessee before the Ld. CIT(A) reveals that, assessee was subjected to wrong professional advice on the issues that, […]

60% depreciation eligible on UPS forming integral part of computer

May 10, 2022 4860 Views 0 comment Print

Frick India Ltd. Vs DCIT (ITAT Delhi) Assessee had made a claim of depreciation of Rs 60% on UPS but the AO restricted the claim of depreciation @ 15% only on the UPS and disallowed the excess 45% namely, Rs.50,320/-. It was submitted on behalf of the assessee that it is settled proposition of law […]

Section 54F: Date of allotment will be treated as date of acquisition

May 10, 2022 2988 Views 0 comment Print

ACIT Vs Keyur Hemant Shah (ITAT Mumbai) Upon perusal, the undisputed facts that emerges are that the assessee has acquired the rights in a duplex flat on 1 2th & 1 3th floor front facing the road admeasuring 1961.75 Square Feets & terrace measuring 881.5 Square Feets as per the attached layout plan along with […]

Income Tax Act not authorize taxing of same amount of income more than once

May 10, 2022 1437 Views 0 comment Print

The Income-tax Act does not authorize levy of tax on the same amount of income more than once. A particular amount of income can be assessed only for once for a particular assessment year.

Mere rejection of claim would not ipso facto make assessee liable for penalty

May 10, 2022 675 Views 0 comment Print

Agarwal Packers & Movers Ltd Vs DCIT (ITAT Delhi) Merely because if a claim is rejected by Assessing Officer, would not ipso facto made the assessee liable for penalty Now, coming to the penalty confirmed in respect of addition sustained on account of disallowance of claim of depreciation. One of the averments of the assessee […]

CIT(A) should dispose of appeal on merits even if assessee is not interested in pursuing appeal

May 10, 2022 5709 Views 0 comment Print

Tejas Karshanbhai Dari Vs ITO (ITAT Ahmedabad) IYTAT held that  Ld. CIT(A) has not approached the matter judiciously and has dismissed the appeal of the assessee, by rejecting the application for condonation of delay, without assigning any specific reasons why the delay in filing appeal should not be condoned. There is no allegation to the […]

PF Disallowance: Amendment in Sec 36(1)(Va) & 43B Applicable From AY 2020-21

May 10, 2022 7653 Views 0 comment Print

ITAT Chandigarh allows delay in PF payment. Assessee’s Rs. 4,62,844 paid before return filing. Amendments by Finance Act 2021 are prospective, not retrospective.

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