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ITAT Surat

Unjustified Addition under Section 68: Creditworthiness Established

November 2, 2023 3768 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act towards unexplained cash credit unjustified as creditworthiness of the loan giver established and transaction undertaken through banking channel.

Revisional jurisdiction u/s 263 not invocable as order neither erroneous nor prejudicial to interest of revenue

November 2, 2023 552 Views 0 comment Print

ITAT Surat held that invocation of revisional jurisdiction under section 263 of the Income Tax Act unsustainable as order passed by AO was neither erroneous nor prejudicial to the interest of the revenue.

Initiation of revisionary proceedings u/s 263 on aspects outside the scope of limited scrutiny untenable

November 1, 2023 1545 Views 0 comment Print

ITAT Surat held that AO cannot go beyond reason for which matter was selected for limited scrutiny. Thus, PCIT cannot pass revisionary order u/s. 263 of the Income Tax Act on other aspects outside the scope of limited scrutiny.

Revisionary order passed u/s 263 without granting an opportunity of being heard is unsustainable

October 31, 2023 1464 Views 0 comment Print

ITAT Surat held that revisionary order passed under section 263 of the Income Tax Act without considering reply of the assessee and without granting an opportunity of being heard is unsustainable in law as against the principles of natural justice.

Sufficient Opening Cash Balance: Demonetization Cash Deposit Addition Deleted

September 24, 2023 9354 Views 1 comment Print

In this article, we discuss case of Hasmukh Kanjibhai Tadhani Vs ITO (ITAT Surat) involving cash deposits during demonetization, with detailed analysis and outcome

Rejection of Entire Books Unwarranted for Stock Valuation Error: ITAT Surat

September 24, 2023 2439 Views 0 comment Print

Discover ITAT Surat’s decision in Keshri Export vs. ITO case for Assessment Year 2017-18. Learn why rejection of entire books of account was considered unnecessary

Addition u/s 56(2)(x) of Income Tax Act in casual manner unsustainable

September 9, 2023 6438 Views 0 comment Print

ITAT Surat held that addition under section 56(2)(x) on the Income Tax Act unsustainable as addition made in casual manner without considering payment made on account of various amenities.

Denial of registration u/s 12AB unjustified for Minor Name Difference

August 22, 2023 924 Views 0 comment Print

ITAT Surat held that the assessee trust is very old trust, and because of slight difference in the name of assessee, in various documents should not be resulted into disentitlement from getting registered under section 12AB of the Income Tax Act.

No Penalty under 271(1)(c) if income is furnished to Tax Authorities at initial assessment stage

August 20, 2023 7032 Views 0 comment Print

Ashvin Narayan Bajoria (HUF) Vs ITO (ITAT Surat) Recently the SMC Bench of Surat Income Tax Appellate Tribunal passed a judgement in the aforementioned case deleting the penalty levied by the Ld. Assessing Officer under section 271(1)(c) of the Act for concealment of income. The central point of discussion was whether or not penalty imposed […]

Passing of revisionary order u/s 263 without issuance of notice on subject matter is unjustified

August 20, 2023 786 Views 0 comment Print

ITAT Surat restored the matter back to the file of Pr. CIT as revisionary order under section 263 of the Income Tax Act cannot be passed without issuance of show cause notice on the subject matter. Such revisionary order is against the principal of natural justice.

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