ITAT Amritsar

Mistake of counsel may be taken into account in condoning delay: ITAT Amritsar

M/s Bhagwati Colonizers Pvt. Ltd Vs ITO (ITAT Amritsar)

M/s Bhagwati Colonizers Pvt. Ltd Vs ITO (ITAT Amritsar) In the affidavit, the main reason cited by the assessee for the delay is that the copy of appellate order was received by the counsel who appeared before the Ld CIT(A), but the counsel never informed the assessee about the disposal of the appeal by Ld […]...

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No exemption U/s. 10(23C)(vi) if Educational institution not exists solely for education

Sutlej Educational Charitable Trust Vs CIT (E) (ITAT Amritsar)

Sutlej Educational Charitable Trust Vs CIT (E) (ITAT Amritsar) The only issue, thus, that survives is that the funds (or income) of the educational institution are (or, is) not to be utilized by the assessee-trust, owning and managing it, for any other (non-educational) object/purpose, which, as afore-noted, there are several (also refer ...

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Section 10(23C)(vi) Exemption cannot be denied to Assessee running school for educational purposes

M/s Ram Lal Bhasin Public School Vs CIT Exemption (ITAT Amritsar)

M/s Ram Lal Bhasin Public School Vs CIT (ITAT Amritsar) For claiming exemption u/s 10(23C)(iiiad) of the Act, the entity must be an University or other educational institute existing solely for educational purpose and not of the purposes of profit. In the present case it is not in dispute that the assessee is a school […]...

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Only Mistake apparent on the face of record can be rectified u/s 254

Kamaljit Singh Prop. Dhanoa Brothers Vs ITO (ITAT Amritsar)

Where on a fair reading of the judgment of the Co-ordinate Bench, it appeared that it had taken into account all relevant material and had not taken into account any irrelevant material in basing its conclusions, then the decision of the Co-ordinate Bench, was not liable to be interfered with, unless, of course, the conclusions arrived at...

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No exemption u/s 11 to charitable trust in case it was not registered u/s 12AA

Langar Committee Hanuman Mandir Vs Income Tax Officer (ITAT Amritsar)

Exemption under section 11 in respect on the surplus reflected by assessees  accounts was denied by AO because assessee was not registered under section 12AA, however, the matter was remanded back to AO to verify as to whether expenditure were actually incurred for the purposes of the running the institution or organizing its activities ...

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No TDS u/s 194C on Simpliciter payment towards Crane hiring charges

Ms Bhangal Construction Co. Vs ITO (ITAT Jalandhar)

Ms Bhangal Construction Co. Vs ITO (ITAT Jalandhar) Simpliciter payment towards hiring charges of cranes cannot be brought within the sweep of the definition of the term work as envisaged in Sec. 194C of the IT Act. We thus are of the considered view that the lower authorities had erred in concluding that as the […]...

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No Transfer on mere appointment of Power of Attorney for property

Sh. Gurdev Singh Vs ITO (ITAT Amritsar)

Sh. Gurdev Singh Vs ITO (ITAT Amritsar) Smt. Harsharan Kaur was 73 years old lady at the relevant time. Therefore, she gave Power of Attorney to the assessee since she could not maintain the property. It was further submitted that within one year from the date of general Power of Attorney, the assessee gave the […]...

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AO cannot be uncertain in penalty order as to concealment or furnishing of inaccurate particulars of income

HPCL Mittal Energy Ltd. Vs The Addl. Commissioner of Income Tax (ITAT Amritsar)

HPCL Mittal Energy Ltd. Vs Addl. CIT (ITAT Amritsar) The moot question is that what should be the nature of specification of a charge by the AO at the stage of initiation of penalty proceedings and at the time of passing the penalty order. Is the AO required to specify in the penalty notice/order as […]...

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Addition for Cash Deposited in Joint Account cannot be made to an A/c holder if he/she Proves that same belongs to other Joint A/c Holder

Income Tax Officer Vs Harmanpreet Kaur D/o Sadhu Singh (ITAT Amritsar)

The question, however, as we see it, is not the amount at which the land was actually sold, which is in the following year, but whether the cash deposit of Rs.49 lacs could be said to form part of the transaction of sale of land by the assessee’ s father. S...

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ITAT disallows Payment of referral fees paid by Car dealer

M/s. Raga Motors P. Ltd Vs Deputy CIT ( ITAT Amritsar)

This is an Appeal by the Assessee directed against the order by the Commissioner of Income Tax (Appeals)-2, Jalandhar ('CIT(A)', for short) dated 05.10.2016, partly allowing the assessee’s appeal contesting its assessment u/s. 143(3) of the Income Tax Act, 1961 ('the Act', hereinafter) dated 12.10.2015 for Assessment Year (AY) 2013-14...

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