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Debatable issues cannot be adjusted by way of intimation under section 143(1)(a)

January 24, 2024 1734 Views 0 comment Print

Satpal Singh Sandhu Vs DCIT (ITAT Raipur) In absence of Sec. 143(1)(a) being read in the above manner, i.e debatable issues cannot be adjusted by way of intimation under section 143(1)(a), would lead to arbitrary and unreasonable intimations being issued, leading to chaos

Quasi-judicial authority must decide issue of jurisdiction when raised: ITAT Delhi

January 24, 2024 453 Views 0 comment Print

ITAT Delhi acknowledged the significance of jurisdictional facts and held that a quasi-judicial authority must decide the issue of jurisdiction when raised. The lack of a clear decision on jurisdiction prompted the ITAT to set aside the PCIT’s order and remand the matter for a fresh decision, including the preliminary issue of jurisdiction.

ITAT Mumbai: Non-appearance Justified, Assessment Order Quashed

January 24, 2024 3276 Views 0 comment Print

ITAT Mumbai quashes assessment order in Ghanshyam Sagarmal Modi vs. ACIT case. Non-appearance justified; CIT(A)’s ex-parte decision overturned.

Section 69A applicable if Assessee fails to provide complete details of cash receipts

January 24, 2024 6321 Views 0 comment Print

Explore the legal intricacies as ITAT Mumbai delves into the dispute over undisclosed income, cash receipts, and the application of Section 69A in the case of Madhu Developers

Section 40A(2)(a) applies to payments to directors with substantial interest in company

January 24, 2024 1512 Views 0 comment Print

ITAT Mumbai held that provisions of section 40A(2)(a) of the Income Tax Act are applicable in cases, wherein, the director of subsidiary company, to whom payment has been made, has substantial interest in the assessee.

No penalty on addition owing to variation in perception of valuer and that of AO

January 24, 2024 1929 Views 0 comment Print

ITAT Delhi cancels penalty under section 271(1)(c) in Identity Wellness Centre case. Displacement of fair market value supported by valuation report by AO.

ITAT Dismisses Appeal for Non-Appearance & Documentation Failure in Section 54 Exemption Claim

January 24, 2024 534 Views 0 comment Print

ITAT Mumbai dismisses appeal in Shalini Karan Kumar case. Non-appearance and failure to submit documentation for exemption claim under section 54 of Income Tax Act.

Section 56(2)(vii)(b)(ii) Inapplicable to Partnership Firm’s Business Property: ITAT Chennai

January 23, 2024 3165 Views 0 comment Print

Explore ITAT Chennai’s ruling in Smt. Chandrasekaran Valarmathi vs. ITO case. Section 56(2)(vii)(b)(ii) of the Income Tax Act won’t apply when property is purchased for business use of a partnership firm.

Surplus on redemption of treasury bills taxable under Capital Gains: ITAT Mumbai

January 23, 2024 444 Views 0 comment Print

ITAT Mumbai held that surplus on redemption of treasury bills is taxable under the head Capital Gains and not under the head ‘Profits and Gains of Business’.

No Income Tax Addition for Employee Acting on Directors’ Behalf: ITAT Mumbai

January 23, 2024 456 Views 0 comment Print

Read the full text of ITAT Mumbai’s order in Rohinton Homi Sanga Vs DCIT case. No income tax addition for an employee acting on behalf of company directors. Analysis and conclusion provided.

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