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Denial of Personal Hearing: ITAT Remands Case to CIT(A) for Fresh Adjudication

December 29, 2024 723 Views 0 comment Print

ITAT Delhi remands appeal to CIT(A) for fresh adjudication due to denial of personal hearing in Kumar Kanti Das Vs ACIT case for AY 2017-18.

ITAT Remands Case for Verification of Liability under Section 41(1)

December 29, 2024 567 Views 0 comment Print

ITAT Surat remands case to AO for verification of Rs. 15.71 Lakh liability under Section 41(1) due to lack of evidence of payment and TDS deduction.

Temple Trust Exemptions u/s 11 & 12 allowed due to inapplicability of 12A(1)(ba) amendment for AY 2017-18

December 29, 2024 759 Views 0 comment Print

Clause (ba) of sub-section (1) of section 12A was applicable for AY.2018-19 onwards and not for AY.2017-18, assessee-temple trust was entitled to tax exemptions under Sections 11 and 12 . Hence, the order of AO was not erroneous and prejudicial to the interests of revenue and therefore, it was not amenable to revision u/s 263.

DVO Report of Co-Owner must be considered before Assessment U/s 50C: ITAT Ahmedabad

December 28, 2024 768 Views 0 comment Print

Assessee is an individual filed his Return of Income for AY 2013-14 at Rs.10,98,540/-. During the year consideration, assessee along with other co-owners sold two immovable properties for a consideration of Rs.1,20,60,000/- and Rs.1,85,40,000/-.

Disallowance u/s. 14A to be restricted to dividend yielding investments

December 28, 2024 675 Views 0 comment Print

ITAT Kolkata held that the disallowance u/s 14A of the Income Tax Act, read with Rule 8D of the Income Tax Rules should be restricted to the dividend yielding investments. Accordingly, AO directed to re-compute disallowance.

No proper service and opportunity before CIT(A): ITAT remand matter to CIT(A)

December 28, 2024 654 Views 0 comment Print

In the case abovementioned ITAT Ahmedabad remanded the matter to CIT (A) after considering that assessee could not file evidence before CIT (A)  in lack of service of notices.

Section 275(1A) empowers AO to enhance or reduce penalty based on order passed by higher authority

December 28, 2024 2670 Views 0 comment Print

ITAT Ahmedabad held that section 275(1A) of the Income Tax Act empowers AO to pass penalty order by enhancing or reducing penalty on the basis of assessment as revised by giving effect to orders passed by appellate authority or courts.

Income of beneficiaries cannot be treated as income in hands of trust: ITAT Ahmedabad

December 28, 2024 582 Views 0 comment Print

ITAT Ahmedabad held that the income of beneficiaries of trust cannot be treated as income in the hands of the trust. Accordingly, disallowance under section 143(1) of the Income Tax Act not justified.

Appeal filed after 1350 days without reasonable cause not condoned: ITAT Ahmedabad

December 28, 2024 441 Views 0 comment Print

The present appeal is filed by the assessee against the denial of registration under section 12AB of the Income Tax Act vide the order passed by the Commissioner of Income Tax (Exemption), Ahmedabad.

Revision u/s. 263 justified as AO granted relief without adequate inquiry into claim: ITAT Mumbai

December 28, 2024 408 Views 0 comment Print

The assessee herein is a part of Allana Group, which is engaged in the business of export of food products and agro commodities including frozen meat processed/frozen food, edible products, agro products etc.

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