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ITAT Amritsar

SBN deposited during demonetization – ITAT remanded matter back to AO

December 12, 2022 1566 Views 0 comment Print

Sh. Jagjit Singh S/o Inder Singh Vs ITO (ITAT Amritsar) Considering the order of the revenue authorities the assessee was not able to submit the confirmation from the sundry debtor, M/s AD Traders. The confirmation is annexed with the paper book of the assessee APB page no. 3. The assessee received SBN during demonetization period […]

Assessment proceedings commence with filing of Income Tax return

November 19, 2022 2055 Views 0 comment Print

Assessment proceedings commence with filing of Income Tax return and not when notice is issued for the first time under section 143(2)

ITAT allows Benefit to assessee for availing section 44AD for non-maintaining books of account

November 17, 2022 4461 Views 0 comment Print

Sarabjeet Singh Vs ITO (ITAT Amritsar) The brief fact of the case that the assessee is a trader &filed his return u/s 139(1) by taking the benefit of presumptive scheme u/s 44AD of the Act. During the F.Y. 2010-11 related A.Y. 2011-12 the turnover was 15,50,000/- & declared total income of Rs.1,40,880/-. The notice u/s […]

Corpus donations received by unregistered Trusts are not taxable

November 17, 2022 7557 Views 0 comment Print

ITAT held that Corpus donations received by Trusts, which is not registered u/s.12A/12AA of Income Tax Act, are not taxable as they assume the nature of ‘Capital receipt’ the moment donations are given to ‘Corpus of Trust’

Assessment order void if notice was not served on relevant address

November 17, 2022 3156 Views 0 comment Print

The entire assessment was itself erroneous and bad in law due to non-service of notice to the relevant address of the assessee. The ld. Counsel had not pressed the factual aspect of the assessee. We considered only the legal issue. Accordingly, the assessment order itself is void and liable to be quashed.

Unclaimed deduction can be claimed before assessing authority without filing revised return

November 17, 2022 2106 Views 0 comment Print

Weather unclaimed deduction can be claim before assessing authority without filing revised return and weather power of appellate authority can allow claim of duction which was not claimed in return of income.

Revenue Authority has no power to go beyond jurisdiction of order of ITAT

November 17, 2022 537 Views 0 comment Print

Malwa Coop. L & C Society Ltd. ITO (ITAT Amritsar) In this case Hon’ble ITAT already determined the turnover, and the direction was made accordingly. Also related to deduction u/s 80P(2)(a)(vi) specific direction was made by the Hon’ble ITAT in its order dated 13.10.204 in ITA No. 483/Asr/2014. ITAT heard the rival submissions and relied […]

Partners not liable to pay tax on remuneration on which tax already paid by firm

November 17, 2022 3753 Views 0 comment Print

The general prudence of the law is that the same income cannot be taxed twice. On other hand, the partners are not liable to pay tax on the remuneration which was already paid by the firm in its return of income.

Income Tax Reassessment invalid if AO failed to obtain requisite sanction u/s 151 from Pr. CIT

November 17, 2022 678 Views 0 comment Print

Income Tax Reassessment invalid if A.O having jurisdiction over the case of the assessee had failed to obtain the requisite sanction u/s 151 of the Act from the Pr. CIT qua his ‘reasons to believe’

AO cannot calculate cost of acquisition on the basis of his own assumption

November 17, 2022 1224 Views 0 comment Print

Assessing authority had passed the order beyond his jurisdiction by calculating the cost of acquisition on basis of his own assumption.

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