ITAT Bangalore mandates that the CIT(E) must provide taxpayers a fair hearing and apply independent judgment, not just rely on subordinate reports, when assessing Section 12AB and 80G applications.
ITAT Mumbai rules that fiduciary journal transfers without cash flow cannot be taxed as unexplained cash credits under Section 68, supporting taxpayers in similar situations.
ITAT Pune held that interest income earned by cooperative society on deposits made out of surplus funds with cooperative banks qualifies for deduction under the provisions of section 80P(2)(a)(i). Accordingly, appeal of assessee allowed.
ITAT Pune held that addition by invoking provisions of section 43CA of the Income Tax Act cannot be sustained since the difference between the Stamp Duty Value and agreement value is less than the allowable limit of 5%.
ITAT Delhi held that only the estimation profit element has to form subject matter of addition in case of bogus accommodation entries. Accordingly, CIT(A) order directing @2.5% on total bogus accommodation entry upheld.
ITAT Bangalore confirms penalty deletion under Section 271(1)(c) against Manipal Hospitals, ruling that a mere disallowance of a claim, like interest expenditure reclassification, does not constitute furnishing inaccurate particulars of income.
ITAT Bangalore allows appeal of Mysore Brindavan Sky Trust, ordering fresh consideration of its 12AB registration after CIT(E) incorrectly concluded no activities by the trust.
ITAT Bangalore rules that Section 14A/Rule 8D disallowances cannot be made mechanically without the AO recording proper satisfaction regarding the assessee’s claim of expenditure.
ITAT Cuttack held that reassessment proceedings cannot be sustained since issue already considered during original assessment by AO and hence reopening amounts to change of opinion. Accordingly, order quashed.
ITAT Delhi held that permission of initiation of reassessment proceedings u/s. 148 of the Income Tax Act beyond the period of three years is to be obtained only from Pr. Chief Commissioner of Income Tax. Here, permission obtained from Pr. Commissioner of Income Tax is invalid.
