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Demonetization Hardships: ITAT Sets Aside Ex Parte Tax Order – Section 69A Addition

May 9, 2025 660 Views 0 comment Print

Tax tribunal remits Vijay Kumar Sharma assessment to CIT(A) for fresh hearing, citing non-compliance due to business hardship after demonetization.

Section 13(1)(b) applies only during assessment not during 12AB registration

May 9, 2025 912 Views 0 comment Print

ITAT Ahmedabad rules Section 13(1)(b) applies only during assessment, not registration, remands trust 12AB application to CIT(E).

ITAT Mumbai Reduces Bogus Purchase Addition to 2% from 12.5%

May 9, 2025 8121 Views 0 comment Print

ITAT Mumbai cuts profit rate on alleged bogus paper purchases to 2%, citing low business margins and judicial precedent in assessee’s appeal.

Scope of Section 254(2): Limited to Rectifying Apparent Mistakes, Not Reviewing or Recalling Orders

May 8, 2025 624 Views 0 comment Print

Mumbai ITAT dismisses Revenue’s application seeking rectification of order in Heart Foundation case over territorial jurisdiction claim.

Additions to Income Require Concrete Evidence, Not Mere Suspicion or Third-Party Information

May 8, 2025 1716 Views 0 comment Print

Mumbai ITAT upholds deletion of Rs 1.96 crore tax addition in Dinesh Rohira case, ruling third-party evidence needs corroboration.

Provision of Spa Consultancy falls under ‘Independent Personal Services’ hence not taxable in India

May 8, 2025 888 Views 0 comment Print

ITAT Delhi held that fees for providing Spa Consultancy falls under the category of ‘Independent Personal Service’ and hence was not taxable in India and therefore assessee was not required to deduct TDS. Thus, disallowance u/s. 40(a)(ia) deleted.

Section 80-IB(10) deduction was allowable for timely completed wings and held remaining wing to be separate project

May 8, 2025 975 Views 0 comment Print

Assessee was a partnership firm engaged in real estate development, had undertaken a housing project named Aakash Nidhi. It claimed deduction under section 80-IB(10) amounting to Rs. 2,51,07,390 on the entire profit of the project comprising Wings A to G.

Benefit of exemption u/s. 11(1)(a) cannot be debarred for incurring more expense than income

May 8, 2025 690 Views 0 comment Print

ITAT Jaipur held that trust incurring more expenditure than income doesn’t debar it from benefit of exemption u/s. 11(1)(a) of the Income Tax Act in respect of income admittedly applied for charitable purpose. Accordingly, appeal of assessee allowed.

VDIS Scheme benefit granted even in absence of original certificate of jewellery

May 8, 2025 672 Views 0 comment Print

ITAT Delhi held that in absence of original certificate, benefit of jewellery and ornaments declared in VDIS Scheme 1997 is granted based on affidavit and valuation report of the jewellery declared under VDIS.

Non-response to summons by 3rd party cannot be reason for addition towards bogus purchase

May 8, 2025 4779 Views 0 comment Print

ITAT Delhi held that addition under section 69C of the Income Tax Act towards bogus purchases cannot be sustained merely for failure on the part of 3rd party in not responding to the summons. Addition set aside since genuineness of transaction proved.

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