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ITAT Amritsar

Tax on sale of property belonging to father is not leviable on son

May 3, 2023 8148 Views 0 comment Print

ITAT Amritsar held that the assessee is not liable for payment of tax related to sale of property which belong to his father. Accordingly, addition liable to be quashed.

Addition u/s 68 beyond jurisdiction if amount already declared as turnover

May 2, 2023 6072 Views 0 comment Print

ITAT Amritsar held that addition under section 68 of the Income Tax Act is beyond jurisdiction as the amount is already declared as turnover and the said turnover is reflected in the books of account.

Date of presentation of cheque should be deemed as date of payment of employee contribution

May 1, 2023 3858 Views 0 comment Print

ITAT Amritsar held that date of presentation of cheque should be taken as date of payment. Accordingly, payment of employee contribution is deemed to have been made on the date of presentation of cheque.

Amount declared as turnover cannot be called concealed income & taxed twice

April 26, 2023 3129 Views 0 comment Print

AO has no right to calculate sales on hypothetical basis ignoring the evidence submitted during the course of assessment proceedings. Once the amount is declared as turn over cannot be called concealed income and be taxed doubly on same amount. The addition U/s 68 is beyond jurisdiction of the ld. AO as the turnover is already reflected in the books of the assessee.

Denial of deduction u/s 11 for non-filing of Form No. 10B is unjustifiable

April 10, 2023 5643 Views 0 comment Print

ITAT Amritsar held that failure in furnishing of Form No. 10B is a procedural defect. Accordingly, denial of deduction u/s 11 of the Income Tax Act for such a defect is unsustainable in law.

Addition merely based on statement without confronting incriminating material has no evidentiary value

April 10, 2023 1722 Views 0 comment Print

ITAT Amritsar held that addition merely on the basis of statement taken at the time of locker operation without confronting the incriminating material or any other corroborative evidence has no evidentiary value u/s 292C.

Delay of 9 years condoned on reasonable cause of non-receipt of intimation

March 30, 2023 2649 Views 0 comment Print

ITAT Amritsar held that non-receipt of intimation resulted into no action on the part of the assessee. Accordingly delay of 9 years condoned as the assessee had reasonable cause of non-receipt of intimation

Revision by PCIT was justified as there was no lack of investigation by AO

March 23, 2023 4272 Views 0 comment Print

AO had applied his mind while doing the assessment therefore, the investigation by AO could not be called ‘lack of investigation’ and revision order passed under section 263 was quashed.

Mere typographical mistake without independent evidence doesn’t amount to unexplained money

March 15, 2023 921 Views 0 comment Print

ITAT Amritsar held that mere typographical mistake in mentioning the balance of capital account doesnot amount to concealment. Accordingly, addition on account of unexplained money unsustainable.

Penalty u/s 271B levied for non-furnishing of audit report without reasonable cause

March 15, 2023 1881 Views 0 comment Print

Sh. Yasir Bilal Khan Vs DCIT (ITAT Amritsar) ITAT Amritsar held that penalty u/s 271B for non-furnishing of audit report within specified date leviable as assessee failed to prove nexus between non-completion of the audit report u/s. 44AB with the flood of Kashmir. Facts- The penalty was levied by the ld. AO u/s. 271B of […]

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