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ITAT Amritsar

TDS credit denial merely because the same is in the name of deceased person unsustainable

February 28, 2023 2316 Views 0 comment Print

ITAT Amritsar held that as income of the deceased person offered to tax, credit of TDS cannot be denied merely because it appears in the name of deceased mother. A particular income cannot be taxed twice under the law.

Reflection of business loss in column bad & doubtful in ITR doesn’t affect its allowability

February 11, 2023 1059 Views 0 comment Print

ITAT Amritsar held that loss incurred as amount written off paid against advance of land reflected in column bad & doubtful in ITR is allowable as business loss as genuinity of transaction not questioned.

No section 69A addition for sales already admitted as revenue receipt

February 9, 2023 5076 Views 0 comment Print

Sh. Balwinder Kumar Vs ITO (ITAT Amritsar) Ld. A.O cannot blow hot and cold at the same time by partly rejecting the books of accounts and partly accepted the books of accounts, which is bad-in-law. If the AO rejected the books of accounts, then he can’t rely on the same books of accounts for opening […]

Development of skill is not the purpose to fulfilling to section 2(15)

January 12, 2023 1188 Views 0 comment Print

J.K. Council for Social Welfare And Information Technology Vs CIT (Exemption) (ITAT Amritsar) Brief fact of the case is that the assessee-society had submitted an application for registration u/s 12A of the Act. The primary object of the assessee is that running and maintaining institutions in rural area, and enhance the poor marginalised youth to […]

SCN mentioning proposed additions U/s. 144B(xvi) is a mandatory requirement

January 12, 2023 8292 Views 0 comment Print

iTAT held that issuance of SCN, mentioning proposed additions under 144B(xvi), is a mandatory requirement and any assessment order passed without issuance of SCN is bad in law.

Mere Reflection in books of account cannot be reason for non-acceptance of depreciation

January 12, 2023 1164 Views 0 comment Print

Pathankot Hindu Urban Co-operative Bank Ltd Vs DCIT (ITAT Amritsar) In this case assessee claimed the loss on diminution value of securities as well as stock. The main grievance of the revenue is that this particular value was not taken in the books of accounts. But factually correct that the circular of the CBDT has […]

ITAT upheld section 234E late fees for delay in filing TDS return

January 12, 2023 2658 Views 0 comment Print

ITAT held that appellant having deducted the tax has obligation to file TDS statements within prescribed time limit which she failed to fulfil by filing the statement with delay. Therefore, late fee u/s 234E is justified for delayed period.

ITAT directs CIT(A) for further adjudication after considering assessee’s submission

January 4, 2023 738 Views 0 comment Print

ITO Vs Sh. Subash Chander (ITAT Amritsar) It is prayed that all the assessment years need to be considered cumulatively by lower authorities taking into account not only the evidence already on record but also by allowing assessee to provide further evidence in support of his submissions because the entire proceedings have been carried out […]

No addition can be made in the hands of power of attorney holder

December 24, 2022 2055 Views 0 comment Print

It is trite law that No addition can be made in the hands of power of attorney holder and further revenue has not brought on record any material evidence indicating that ownership of the said land belongs to appellant assesse. Therefore, we hold that the assessment order is passed without jurisdiction.

ITAT refers matter back to AO as Assessee challenged legal grounds 1st time before ITAT

December 12, 2022 1863 Views 0 comment Print

Smt. Tajinder Pal Kaur Vs ITO (ITAT Amritsar) The assessee has challenged both the legal and factual grounds before the Bench. But during the appeal proceedings before the ld. CIT(A), the assessee had not challenged the legal grounds so there are first time challenging the issue before the ITAT. So, the entire legal ground was […]

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