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ITAT Lucknow

Section 68 Addition cannot be made for purchases

June 27, 2022 2907 Views 0 comment Print

ITAT held that Addition under section 68 of Income Tax cannot be made for purchases as purchases is an expense which is debited in books and not a loan or deposit which is credited in books

ITAT allows addition for cash deposit in bank on Peak Credit Basis

June 27, 2022 960 Views 0 comment Print

Explore the case of Vakeel Ahmad against ITO, focusing on bank deposits, withdrawals, and the taxation of peak credit. Detailed analysis of the order by ITAT Lucknow for Assessment Year 2010-11.

Exemption u/s 11 not available as income hit by proviso to section 2(15)

June 25, 2022 2349 Views 0 comment Print

Held that exemption u/s 11 will not be available to an assessee if the total income of the assessee includes any income which is hit by the proviso to provisions of section 2(15) of the Act.

Cash Gift taxable in the year of receipt and not in year it was traced

June 23, 2022 801 Views 0 comment Print

Gaurav Agarwal Vs DCIT (ITAT Lucknow) From the examination of documents found during search and seizure operation u/s. 132 of the Act the Assessing Officer observed that assessee had received cash gifts of Rs.5,38,000/- in the name of his minor son. The Assessing Officer issued show cause notice to explain the cash gift received of […]

Commodity Derivatives Trading loss can be Set Off against Regular Business Income

June 23, 2022 5859 Views 0 comment Print

Ramesh Verma Vs ACIT (ITAT Lucknow) ITAT held that Reading clause (e) of the first proviso to section 43(5), and sections 70(1) and 73(1) of the I.T. Act together, it emerges that in the assessee’s case, since a derivatives commodity trading transaction is not a speculative transaction, loss arising therefrom can very well be set […]

Cause of delay material for granting condonation not length of delay

June 23, 2022 2694 Views 0 comment Print

Length of delay is not a material to condone the delay and rather the cause of delay is to be considered for condonation of the delay.

Delay in filing of Form 10 – ITAT directs CIT(E) to re-­examine the reasons for failure

June 20, 2022 2784 Views 0 comment Print

Bhalchandra Educational Trust Vs CIT (Exemptions) (ITAT Lucknow) CBDT vide Circular No. 7/2018 dated 20/12/2018 has issued directions for condonation of delay u/s 119(2)(b) of the Act in filing of Form 10 and Form 9A for assessment year 2016-17. The analysis of directions of CBDT vide this circular reveals that since assessment year 2016-17 was the […]

Commodity derivatives trading loss can be set-off against regular business profits

June 20, 2022 2505 Views 0 comment Print

ITAT held that loss from trading in commodity derivatives is not a speculative loss and rightly been set off by the assessee against regular business profits from medical derivatives business.

Profit from sale of agricultural land not includible while computing book profit

June 11, 2022 1518 Views 0 comment Print

Ishwar Dewllings Pvt. Ltd. Vs PCIT (ITAT Lucknow) Facts- The AO vide notice u/s 154 dated 02/05/2018 proposed rectification of the order passed u/s 143(3) by including profit on sale of agricultural land in the computation of book profits u/s 115JB. Thereafter, AO dropped the proceedings initiated u/s 154 vide order dated 14/06/2018. However, the […]

Clerical Mistake In Audit Report Form 10B Can Be Rectified

May 8, 2022 6297 Views 0 comment Print

Desh Bharti Public School Samiti Vs AO/DCIT (ITAT Lucknow) We find that it is undisputed fact that assessee got registration u/s.12A of the Act w.e.f. 1.4.2013 vide order dated 2.9.2014, a copy of such registration certificate is placed in P.B. pg.24. It is also an undisputed fact that assessee in the earlier years has been […]

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