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ITAT Dehradun

No Approval U/S 151, Reassessment Quashed: ITAT Dehradun

December 4, 2023 2994 Views 0 comment Print

ITAT Dehradun quashes reassessment proceedings in Uttarakhand Purv Kalyan Nigam Limited vs ITO case, citing lack of approval under section 151 of the Income Tax Act.

No section 148 Notice can be Issued before expiry of Period For Issuing Section 143(2) Notice

August 9, 2023 9363 Views 2 comments Print

Explore the recent ITAT Dehradun judgment in Uttarakhand Poorv Sainik Kalyan Nigam Ltd. vs. ITO case, challenging AO’s premature jurisdiction assumption under section 148

Addition of cash deposit during demonetization unsustained as agriculture was only source of income

July 13, 2023 2187 Views 0 comment Print

ITAT Dehradun held that addition of cash deposits made during the demonetization period unsustained as predominant source of income was only agricultural income and no other source of income is brought on record by AO.

Section 271(1)(c) quashed as AO not specified the grounds for penalty 

June 21, 2023 1302 Views 0 comment Print

An in-depth look at the ITAT Dehradun ruling in Saraswati Dynamics Pvt Ltd Vs ACIT, highlighting the importance of specifying the grounds for penalty under Section 271(1)(c) of the IT Act. Explore how the tribunal’s decision impacts tax jurisprudence

A foreign national cannot be expected to do an unfeasible task before appeal filing

March 11, 2023 954 Views 0 comment Print

Paul Gerard Jenner Vs ITO (ITAT Dehradun) The appeal has been summarily dismissed by the ld. CIT(A) treating the appeal filed in manual Form as invalid and holding that the assessee was mandatorily required to file the appeal electronically. The assessee could not submit the appeal in electronic Form/online as it had to be verified […]

Interest, being part of compensation for compulsory acquisition of agricultural land, is exempt u/s 10(37)

February 27, 2023 9705 Views 1 comment Print

ITAT Dehradun held that the interest is accretion to the value of compensation and hence it is a part of compensation. Accordingly, interest received for compulsory acquisition of agricultural land is exempted under section 10(37) of the Income Tax Act.

Principles of estoppel not apply to Income Tax proceedings

February 10, 2023 4815 Views 0 comment Print

ITAT held that, principles of estoppel do not apply to Income Tax proceedings and the Revenue Department must keep in mind that the correct income of assessee must be taxed in proper Assessment Year and within limitation prescribed by Income Tax Act, 1961

Penalty u/s. 271C not imposable on a non-taxable entity

February 10, 2023 885 Views 0 comment Print

ITAT Dehradun held that Uttarakhand Environment Protection and Pollution Control Board (UEPPCB) is a corporation which has been constituted under a Central Act, no tax was deductible. Accordingly, penalty u/s 271C of the Income Tax Act cannot be levied on a non-taxable entity.

Assessment orders passed u/s 153A quashed in absence of individual approval u/s 153D

July 26, 2022 1908 Views 0 comment Print

Held that in the present case the approving authority has acted casually and granted the approval u/s. 153D in a mechanical manner without judicious exercise of power. According, approval granted u/s 153D was quashed and consequently the assessment order u/s 153A was also quashed.

AO cannot ignore Audit Report filed during assessment proceedings

May 9, 2022 1992 Views 0 comment Print

Rajesh Mittal Vs ITO (ITAT Dehradun) The only issue pertains to application of provisions u/s 44AD of the Income Tax Act, 1961. The assessee earned income from sale & purchase of derivatives which the AO held that the same should be treated as business income. The assessee has also incurred losses in the derivatives trading […]

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