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All ITAT

PCIT cannot exercise section 263 jurisdiction merely for not liking the order of AO

March 20, 2022 1215 Views 0 comment Print

Smt. Sarita Kashyap Vs PCIT (ITAT Delhi) A scrutiny of the assessment order would clearly reveal that it is not a case where the Assessing Officer has passed the order mechanically without any inquiry and proper application of mind. Whereas, learned PCIT has considered the assessment order erroneous and prejudicial to the interest of Revenue […]

Transfer takes place only when it becomes operational

March 20, 2022 6285 Views 0 comment Print

Beena Shammi Chaudhari Vs ITO (ITAT Pune) `A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration‟. A document is first executed and then submitted for registration, if required. Normally, it takes […]

Starting of activities of trust is not a condition precedent for grant of Section 80G approval

March 20, 2022 1035 Views 0 comment Print

Malla Foundation Vs CIT (Exemption) (ITAT Bangalore) The CIT(E) has refused to grant approval u/s 80G of the Act primarily for the reason that the assessee has not produced the necessary proof as regards the activities of the assessee-trust and in absence of the same it is not possible to verify the genuineness of the […]

Amendment to Sections 36(1)(va) & 43B vide Finance Act, 2021 are prospective

March 20, 2022 2091 Views 0 comment Print

ITAT held that, the said amendment to Section 39(1)(va) and Section 43B effected by Finance Act 2021 is having prospective effect. Since, the said amendment is having prospective effect and not being retrospective one the same cannot be applied to the present case.

Whether Nazarana paid to State Govt would be cost of acquisition?

March 20, 2022 2760 Views 0 comment Print

Late Shri Saifulla Abubakar Inamdar Legal Heir Vs ITO (ITAT Pune)  Firstly, it is relevant to mention that the assessee did not take up the issue of Inami land before the AO. It was for the first time that the assessee raised this issue before the ld. CIT(A) contending that in the absence of any […]

Taxability of amount received on maturity of single life insurance premium policy

March 20, 2022 48894 Views 0 comment Print

Sandeep Modi Vs DCIT (ITAT Kolkata) It is noted that the assessee has taken a life insurance policy in AY 2012-13 of the SBI of sum assured to the tune of Rs.10,88,000/- (along with credit bonus of 3.25%) by paying single premium of Rs.10,00,000/-. And in this year (AY 2017-18), the assessee received the LIC […]

ITAT condone delay of 238 due to medical conditions of 71 Year Old Assessee

March 20, 2022 975 Views 0 comment Print

Omprakash Pandey Vs ITO (ITAT Bangalore) The assessee is aged about 71 years. The appeal before the CIT(A) was filed on 15.10.2020 electronically. Due to Covid-19 pandemic, the Hon’ble Supreme Court had directed exclusion of period from 15.03.2020. If this period is excluded, the delay has to be explained only between 15.11.2019 and 14.03.2020. The […]

No Income Tax on Compensation for compulsory acquisition of land under RFCTLARR Act

March 20, 2022 87327 Views 0 comment Print

Mattapalli Ram Kumar Vs ACIT (ITAT Vishakhapatanam) It is undisputed fact that the assessee had received compensation of Rs.1,33,88,000/- under compulsory acquisition of land under RFCTLARR Act. The Ld. Counsel for the assessee has heavily relied on the Circular 36/2015 dated 25.10.2016 issued by the CBDT, wherein, it was mentioned that income tax shall not […]

ITAT deletes Penalty claim of fraudulent refunds due to malpractices of Income Tax Practitioner

March 20, 2022 4626 Views 0 comment Print

Joison Kundu Kulam Johny Vs ITO (ITAT Bangalore) Assessee submitted that his case was mishandled by one Mr. Nagesh Shastry, Income Tax Practitioner, who has been indulging in claim of fraudulent refunds by fictitious claim of deductions, which was unearthed by the Investigation Wing of the Income Tax Department. It was submitted that without the […]

Income of a Revocable Trust is Taxable in the Hands of Contributors

March 18, 2022 4890 Views 0 comment Print

ITO Vs ARCIL SBPS 024 I Trust (ITAT Mumbai) ITAT observed that Ld.CIT(A) has dealt with the issue in detail and gave a clear finding that assessee is a revocable trust and not an AOP. In view of the provisions of section 61, 62 and 63 of the Act, it was held that income is […]

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