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Depreciation u/s. 32 not admissible as usage of car for business purpose not proved: ITAT Mumbai

December 25, 2024 1011 Views 0 comment Print

ITAT Mumbai disallowed the claim of depreciation under section 32 since assessee failed to prove that car was used for the purpose of assessee’s business wholly or in part. Accordingly, appeal dismissed.

TNMM appropriate method for determining Arm’s Length Price of management fees

December 24, 2024 1140 Views 0 comment Print

ITAT Ahmedabad held that that the activities / services do not qualify as stewardship / shareholder activity. Further, assessee correctly determined Arm’s Length Price in respect of management fees by using Transaction Net Margin Method i.e. TNMM.

Addition towards capital gain not sustained as assessee’s involvement in price rigging not proved

December 24, 2024 1584 Views 0 comment Print

The Investigation Wing had carried out investigation with regard to the price manipulations and generation of bogus long term capital gains in number of stocks, classified as penny stocks.

Denial of exemption u/s. 11 by CPC in rectification petition not justified: ITAT Ahmedabad

December 24, 2024 2736 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s. 11 by CPC in the rectification petition not justified since the same was allowed in earlier proceeding and it is settled position of law that debatable issues cannot be done in rectification proceedings.

Singularly dismissal of each piece of evidence by CIT(A) not justified hence matter restored

December 24, 2024 522 Views 0 comment Print

ITAT Ahmedabad allowed revenue’s appeal by concluding that approach of CIT(A) in singularly dismissing each piece of evidence, we find, is totally incorrect. Accordingly, matter restored back to CIT(A) to adjudicate the matter of bogus accommodation entry afresh.

Trust cannot be denied deductions for clerical errors in Return filing: ITAT Delhi

December 24, 2024 5361 Views 0 comment Print

Arya Samaj G.K.-II disputes typographical errors and exemptions u/s 11 in their appeal to ITAT Delhi for AY 2014-15. Read the full case analysis here.

Order passed by CIT(A) without considering submission not sustainable: ITAT Ahmedabad

December 24, 2024 927 Views 0 comment Print

ITAT Ahmedabad held that passing of order by CIT(A) without taking into account the submission made by the assessee is not sustainable in law. Accordingly, matter remitted back to the file of CIT(A).

Entry provider needs to prove that transaction belonged to someone else: ITAT Kolkata

December 23, 2024 618 Views 0 comment Print

ITAT Kolkata held that even after acceptance of fact that appellant is an entry provider, onus is on the appellant to prove that transaction was not of appellant but of somebody else’s. Accordingly, matter remanded for re-verification.

Addition outside prescribed scope of limited scrutiny invalid: ITAT Kolkata

December 23, 2024 915 Views 0 comment Print

The Assessing Officer was not justified in making addition or disallowance on the issues as the Assessing Officer was not supposed to examine any other issue except the issue for which the scrutiny assessment was ordered.

Section 68 Applies Only to Current Year Credit not to earlier year(s): ITAT Kolkata

December 23, 2024 2199 Views 1 comment Print

Kolkata Bench of ITAT ruled in ACIT Vs Pujita Merchandise Pvt. Ltd. that Section 68 of IT Act is applicable when credit is received in the relevant year not for earlier years.

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