ITAT Hyderabad condoned delay of nearly a decade in filing of an appeal since tax liability was fastened on the assessee without an authority of law and it is a well settled principle of law that unless authority of law, no tax can be collected.
Hyderabad ITAT rules that taxpayers cannot make fresh deduction claims under Section 80IA in response to a notice issued under Section 153A after a search.
During the course of assessment proceedings, AO noticed that on verification of the return of income for the A.Y 2015-16, it was seen that the opening stock was shown at Rs.17,98,60,568/-, whereas the closing stock as per the return filed for the A.Y 2014-15 was nil.
ITAT Hyderabad rules that delayed filing of Form 10/10B is not fatal to claiming Section 11 exemption, as long as form is available before processing under Section 143(1). Appeal allowed.
When assessee had both trade receivables and trade payables, it would be unreasonable to calculate interest only on trade receivables for the purpose of determining the ALP of the transaction. AO/ TPO was directed to consider both trade payables and trade receivables for the purpose of notional interest to be charged for determining the ALP value of the transaction.
ITAT Hyderabad held that the Tribunal has no power to recall/review its own orders in terms of scope and power of Tribunal for rectification of order u/s. 254(2) of the Income Tax Act.
ITAT Hyderabad condoned a 21-month delay in filing an income tax appeal due to the COVID-19 pandemic, referencing a Supreme Court ruling on limitation periods.
ITAT Hyderabad held that voluntary surrender of income in good faith cannot be considered as concealment of income. Hence, penalty u/s. 271(1)(c) of the Income Tax Act cannot be sustained.
ITAT Hyderabad directs CIT(E) to reconsider Idam Braahmam Society’s 12AB registration application after secretary’s resignation caused missed notice.
ITAT Hyderabad held that CIT(A) without examining the historical/ empirical data of expenditure incurred by the assessee for rectification / repair of transformers cannot approve the provision thereof. Accordingly, matter remanded back to CIT(A).
