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ITAT Surat

Unexplained investment addition in one co-owner unsustainable if no addition in other co-owners

May 24, 2023 3207 Views 0 comment Print

ITAT Surat held that addition as unexplained investment in the hands of one of the co-owner unsustainable as department didn’t made proportionate addition in the hands of other co-owners.

Addition u/s 68 unsustainable as repayment of loan is made in assessment year itself

May 23, 2023 6285 Views 0 comment Print

Ganesh Ganpat Alim Vs ITO (ITAT Surat) ITAT Surat held that addition under section 68 of the Income Tax Act should not be made when repayment of loan is made in the assessment year itself. Facts- During the assessment proceedings, AO got information from investigation wing that M/s Delight Diam P Ltd. and M/s Bafna […]

One minute delay in return filing – ITAT allows section 80IA(4) deduction

April 19, 2023 2601 Views 0 comment Print

Return of income so filed was late by one minute. Therefore, deduction claimed by assessee under section 80IA(4) of Act was denied by CPC

Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use

April 17, 2023 1128 Views 0 comment Print

Marvelore Mining & Allied Industries Pvt. Ltd. Vs ITO (ITAT Surat) Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use: Marvelore Mining & Allied Industries (P.) Ltd. v. ITO – [2023] (Surat-Trib.)  Assessee was a private limited company. It was engaged in the business of Calcium […]

Penalty u/s. 271(1)(b) not leviable as non-compliance was due to bonafide reasons

April 11, 2023 11670 Views 0 comment Print

ITAT Surat held that penalty under section 271(1)(b) of the Income Tax Act not leviable merely because the assesse couldn’t make compliance due to some bonafide reasons.

Order passed after due application of mind not treatable as erroneous & prejudicial to interest of revenue

April 3, 2023 1284 Views 0 comment Print

ITAT Surat held that issues raised by PCIT in his order u/s 263 are already examined by AO and AO passed the assessment order after calling for all the details and considering the reply/ documents. Accordingly, assessment order passed after due application of mind cannot be termed as erroneous and prejudicial to the interest of the revenue.

Revisional power u/s 263 unsustainable as order passed is neither erroneous nor prejudicial to interest of revenue

March 31, 2023 1323 Views 0 comment Print

ITAT Surat held that AO already examined the issue and took a plausible view that addition should not be made. Accordingly, revisional jurisdiction u/s 263 unsustainable as order passed by AO is neither erroneous nor prejudicial to the interest of revenue.

Expense allowed based on copy of account, name and address as bill/ voucher lost due to flood

February 13, 2023 1509 Views 0 comment Print

ITAT Surat held that bill and vouchers of the expenditure claimed by the assessee was loss on account of floods. The explanation of expenses by way of copy of accounts, names and addresses, details TDS deducted and payments by crossed account payee cheques acceptable.

Addition based on unsigned/ unstamped/ unregistered Satakhat unsustainable

February 7, 2023 3816 Views 0 comment Print

ITAT Surat held that addition on the basis of un-signed/un-stamped Satakhat, which has not been registered and which is found from CD of computer of person, unsustainable.

TDS of Firm credited in PAN of Partner – ITAT directs assessee to apply under section 199 read with Rule 37BA

January 23, 2023 2196 Views 0 comment Print

Nirav Bipinbhai Vaghasiya Vs ITO (ITAT Surat) ITAT find that in the return of income the assessee claimed refund of TDS reflected in his Form-26AS. The CPC denied such refund in its intimation dated 08.10.2018. The assessee filed application for rectification under section 154. In the application under section 154, the assessee claimed such refund […]

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