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CIT(A) Cannot Dismiss Appeal for Non-Prosecution & Obliged to Dispose of Appeal on Merits

May 6, 2024 321 Views 0 comment Print

Read about Pahari Mata Sahkari Awas Samiti Ltd. Vs ACIT (ITAT Lucknow). The Commissioner (Appeals) cannot dismiss the appeal for non-prosecution and must decide on merits.

No Section 69 Addition for Cash Payment based on Seized Third-Party Ledger Alone

August 21, 2023 3051 Views 0 comment Print

Analysis of the ITAT Lucknow case Mahendra Lalka Vs DCIT on Sec 69 of the Income Tax Act. Key findings, implications, and legal insights included.

ITAT found Disallowance of expenditure by lower authority excessive & unreasonably high

August 17, 2023 546 Views 0 comment Print

ITAT Lucknow held that amount of disallowance of expenditure, on presumption of leakage in the form of expenditure of personal nature, reduced as found that total amount of disallowance by lower authority was excessive and unreasonably high.

Addition towards cash deposited during demonetization set aside for de novo proceedings

July 3, 2023 12735 Views 0 comment Print

ITAT Lucknow sets aside additions made for cash deposits during demonetization in Shiva Goods Carrier Pvt Ltd vs DCIT, orders de novo proceedings under section 68 of the Income Tax Act.

Denial of exemption as inadvertently claimed u/s 54F instead of section 54 is unjustified

May 29, 2023 1059 Views 0 comment Print

ITAT Lucknow held that benefit of exemption cannot be disallowed merely because the same was claimed u/s 54F of the Income Tax Act instead of claiming u/s 54 of the Income Tax Act. Such mistake is inadvertent and typographical mistake.

No section 40(A)(Ia) disallowance for purchase if TDS not deductible on such purchase

January 18, 2023 588 Views 0 comment Print

Once no TDS is liable to be deducted on these purchases, no disallowance under section 40 (a)(ia) of the I.T. Act can be attracted. Hence, we delete this addition.

No addition of unexplained cash relying on Third-Party statements without providing opportunity for Cross-Examination

December 3, 2022 2934 Views 0 comment Print

Addition of unexplained cash based on third-party statements was not sustainable as assessee had filed all documentary evidences which had not been adversely commented by the authorities below, coupled with the fact that the authorities below had made and sustained the additions on the basis of statements of third parties which had not been made available to assessees for cross examination.

Statement recorded u/s 133A not an incriminating material

November 23, 2022 3090 Views 0 comment Print

ITAT Lucknow held that statement recorded u/s 133A of the Income Tax Act is not an incriminating material for the purpose of making search assessment u/s 153A.

Section 263 order cannot be passed on issue already examined in assessment

November 14, 2022 2010 Views 0 comment Print

Time City Real Estates (India) Limited Vs PCIT (ITAT Lucknow) In the present case, ITAT noted that the Assessing Officer had carried out sufficient enquiries and this is not even a case of lack of enquiry. Further the Hon’ble Supreme Court in the case of Malabar Industrial Co. has held that for assumption of jurisdiction […]

Section 234E is prospective and apply to tax period after 1.6.2015

August 8, 2022 1680 Views 1 comment Print

Shivansh Infraestate Pvt. Ltd Vs (ITAT Lucknow) ITAT find that it is undisputed fact that the assessee has been charged late fee u/s. 234E for various returns filed in the Form-26Q for late filing of the statements. These cases relate to Assessment Year 2014-15. The various Hon’ble High Courts including the Hon’ble Karnataka High Court […]

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