In present facts of the case, the Honble Supreme Court observed that the statute enacted by Parliament or a State Legislature cannot be declared unconstitutional lightly. Further, it was held that that nullification of mandamus by an enactment would be impermissible legislative exercise.
The Allahabad High Court dismissed a petition challenging the appointment of Commissioners of Income Tax (Appeals) stating that the Act of 1961 vests jurisdiction with the Central Government for such appointments.
In the case of Devender vs. ITO, the ITAT Delhi ruled in favor of the farmer assessee, stating that no addition shall be made for cash deposited in a joint bank account by the second account holder.
ITAT held that approach adopted by NFAC merely because he granted relief in respect of one item of additions, does not mean that he can deny justice in respect of balance additions/grounds of appeal raised before him.
A detailed analysis of the ITAT Pune judgement on Dinesh Patel vs ITO involving client code modification and tax assessment.
The ITAT Pune declares the assessment order invalid in the case of Prabhakar Amruta Shillak Vs ITO for AY 2012-13. The order violated CBDT circular and was treated as never issued.
In the case of Classic Display Systems Pvt Ltd vs. ITO, the ITAT Delhi quashed the reassessment order as the AO failed to issue notice u/s 143(2) before finalizing the reassessment.
In the case of Sandeep Auraneebadkar vs. ITO, the ITAT Hyderabad partially deleted an addition made under section 69A of the Income Tax Act due to failure to explain credit card payments with supporting evidence.
The ITAT Delhi quashes the penalty imposed under Section 271F against an 82-year-old widow for non-filing of Income Tax Return (ITR) as she had no taxable income.
In a recent case, the ITAT Ahmedabad deleted the addition made on protective basis in the assessment of ACIT Vs. Rachna Finlease Pvt. Ltd. The tribunal upheld the findings of identity, genuineness, and creditworthiness of transactions made by the assessee.
