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Denial of exemption u/s. 11 by CPC in rectification petition not justified: ITAT Ahmedabad

December 24, 2024 390 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s. 11 by CPC in the rectification petition not justified since the same was allowed in earlier proceeding and it is settled position of law that debatable issues cannot be done in rectification proceedings.

Singularly dismissal of each piece of evidence by CIT(A) not justified hence matter restored

December 24, 2024 213 Views 0 comment Print

ITAT Ahmedabad allowed revenue’s appeal by concluding that approach of CIT(A) in singularly dismissing each piece of evidence, we find, is totally incorrect. Accordingly, matter restored back to CIT(A) to adjudicate the matter of bogus accommodation entry afresh.

Trust cannot be denied deductions for clerical errors in Return filing: ITAT Delhi

December 24, 2024 4419 Views 0 comment Print

Arya Samaj G.K.-II disputes typographical errors and exemptions u/s 11 in their appeal to ITAT Delhi for AY 2014-15. Read the full case analysis here.

Order passed by CIT(A) without considering submission not sustainable: ITAT Ahmedabad

December 24, 2024 213 Views 0 comment Print

ITAT Ahmedabad held that passing of order by CIT(A) without taking into account the submission made by the assessee is not sustainable in law. Accordingly, matter remitted back to the file of CIT(A).

Entry provider needs to prove that transaction belonged to someone else: ITAT Kolkata

December 23, 2024 213 Views 0 comment Print

ITAT Kolkata held that even after acceptance of fact that appellant is an entry provider, onus is on the appellant to prove that transaction was not of appellant but of somebody else’s. Accordingly, matter remanded for re-verification.

Addition outside prescribed scope of limited scrutiny invalid: ITAT Kolkata

December 23, 2024 312 Views 0 comment Print

The Assessing Officer was not justified in making addition or disallowance on the issues as the Assessing Officer was not supposed to examine any other issue except the issue for which the scrutiny assessment was ordered.

Section 68 Applies Only to Current Year Credit not to earlier year(s): ITAT Kolkata

December 23, 2024 1266 Views 1 comment Print

Kolkata Bench of ITAT ruled in ACIT Vs Pujita Merchandise Pvt. Ltd. that Section 68 of IT Act is applicable when credit is received in the relevant year not for earlier years.

Section 43B Doesn’t Apply to Unclaimed Service Tax Liabilities: Delhi ITAT

December 22, 2024 345 Views 0 comment Print

ITAT Delhi rules that Section 43B does not apply to unclaimed service tax liabilities, partially allowing the appeals of Sircar Securities for AY 2017-18 and 2019-20.

Addition to items not forming part of reassessment not sustainable: ITAT Kolkata

December 22, 2024 450 Views 0 comment Print

ITAT Kolkata held that in course of reassessment, AO concludes that no additions or modifications are warranted under these heads, it would not be entitled to make any additions in respect of other items forming part of original return.

Deduction u/s. 80P(2)(d) allowable towards interest from deposits with co-op banks

December 21, 2024 5112 Views 0 comment Print

ITAT Ahmedabad held that interest income earned from deposits with co-operative banks is allowable as deduction under section 80P(2)(d) of the Income Tax Act. Accordingly, the appeal is allowed.

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