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Addition based on seized document retrieved from third person without cross examination opportunity is unsustainable

March 15, 2024 819 Views 0 comment Print

ITAT Delhi held that addition u/s. 69 of the Income Tax Act based on working/ seized document retrieved from third person without granting cross examination opportunity to the assessee is unsustainable in law.

Section 11 exemption cannot be denied for delay in Audit Report (Form 12B) submission

March 15, 2024 570 Views 0 comment Print

Learn about the ITAT Ahmedabad ruling in Karma Falya Trust vs. DCIT case, granting exemption under Section 11 of the Income Tax Act for delay in filing the audit report.

Form 10BA filing Mandatory to claim Section 80GG Deduction: ITAT Bangalore

March 15, 2024 786 Views 0 comment Print

ITAT Bangalore rules that submission of Income Tax Form No. 10BA is necessary for claiming deduction under Section 80GG. Details of the case explained.

Final assessment order invalid as AO failed to pass draft assessment order as required u/s 144C(1): ITAT Delhi

March 15, 2024 1071 Views 0 comment Print

ITAT Delhi held that assessee qualifying as an eligible assessee, AO is mandatory required to first pass a draft assessment order as per section 144C(1) of the Income Tax Act. Passing of assessment order without following the mandatory requirement results in invalidation of final assessment order.

Granting statutory approval u/s. 153D without application of mind invalids entire search proceeding: ITAT Delhi

March 15, 2024 555 Views 0 comment Print

ITAT Delhi held that statutory approval given by a quasi judicial authority (here, JCIT) without due application of mind as contemplated in section 153D of the Income Tax Act would be fatal to the entire search assessment proceedings.

No Section 271FA penalty for delay in filing SFT return for genuine reasons

March 14, 2024 825 Views 0 comment Print

Explore the detailed analysis of the penalty imposed on Jhalawar Kendriya Sahakari Bank Ltd. by ITAT Jaipur in the case against ADIT (I&CI) for the assessment year 2019-20.

Amount considered as undisclosed income cannot be considered  loan to attract provisions of section 271D 

March 14, 2024 792 Views 0 comment Print

Explore the case of K.S. Chawla & Sons (HUF) Vs JCIT, where ITAT Delhi delves into penalty proceedings under section 271D of the Income-tax Act, 1961, with detailed analysis & conclusions.

ITAT Upholds Penalty for Loan Repayment in Cash Despite Poor Cheque Clearance History

March 14, 2024 876 Views 0 comment Print

ITAT upholds penalty against taxpayer for cash repayment of loans, contravening Section 269T of Income-tax Act. Explore implications and alternatives.

Section 263 proceeding based on mere audit objections without independent assessment invalid

March 14, 2024 1026 Views 0 comment Print

Pinkcity Jewelhouse Pvt. Ltd. Vs PCIT (ITAT Jaipur) ITAT Quashes Section 263 proceeding which were merely based on audit objections and lacked an independent assessment

Revisional jurisdiction u/s 263 unjustified without any error or infirmity in assessment order: ITAT Delhi

March 14, 2024 561 Views 0 comment Print

ITAT Delhi held that revisional jurisdiction u/s. 263 of the Income Tax Act not invocable in absence of any error or infirmity in the assessment order which could make the assessment order erroneous and prejudicial to the interest of revenue.

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