Category: Income Tax

No concealment penalty for claiming capital expenditure as revenue when there is no conscious and deliberate attempt by assessee to evade tax. In the instant case, the assessee had challenged the order passed by the CIT(A) confirming penalty u/s 271(1)(c) of the Income Tax Act, 1961 (the Act) …

Penalty u/s 271(1)(c) deleted as quantum addition was reduced significantly from 100% to 20% in respect of bogus purchases. In the instant case, the assessee had challenged the order passed by the CIT(A) confirming penalty u/s 271(1)(c) of the Income Tax Act, 1961 (the Act) imposed by the …

CIT assuming jurisdiction u/s 263 has no power to direct initiating penalty proceedings u/s 271(1)(c) CIT Revision u/s 263 for AO accepting revised return without initiating penalty proceedings u/s 271(1)(c) quashed by ITAT following jurisdictional High Court order In the instant case, the assessee had challenged the revisionary …

Computation of STCGs & WDV u/s 50 where depreciation on goodwill has been obtained CBDT has introduced new Rule for Computation of short term capital gains and written down value under section 50 where depreciation on goodwill has been obtained. The Income tax Amendment (19th Amendment) Rules 2021 …

CIT Revision u/s 263 for failure of AO to convert limited scrutiny into complete scrutiny quashed as no credible material was available In the instant case, the assessee had challenged the revisionary order u/s 263 of the Income Tax Act, 1961 (the Act) passed by the CIT. The …

Retrospective amendment cannot change tax withholding liability with retrospective effect though it changes tax liability in respect of an income with retrospective effect ABCAUS Case Law CitationABCAUS 3521 (2021) (07) ITAT Important case law relied referred:M/s Euro RSCG Worldwide Inc.M/s Virola International   Ashapura Minichem Ltd. vs ADIT 131 …

  CBDT issues Guidelines on section 9B and formula u/s 45(4) of the Income-tax Act 1961   CBDT vide Circular No. 14 of 2021 dated 02nd July, 2021 issued Guidelines under section 9B and sub-section (4) of section 45 of the Income-tax Act, 1961   Finance Act, 2021 …

AO not allowed to make addition in the hands of the housewives for cash deposit in bank during demonetization if less than 2.5 lakhs In a recent judgment, ITAT Agra deleted the addition holding that AO is not allowed to make addition in the hands of the housewives …

Rejection of approval u/s 12AA for non filing of return of income set aside. CIT(E) to find if objects of trust are charitable in nature or not ABCAUS Case Law CitationABCAUS 3519 (2021) (07) ITAT Important case law relied referred:Ananda Social & Educational Trust v/s Commissioner of Income …

Delay in filing appeal condoned as rectification application u/s 154 was not decided and it constitute a sufficient and reasonable cause ABCAUS Case Law CitationABCAUS 3518 (2021) (06) ITAT In the instant case, the appellant assessee had challenged the order passed by the CIT(A) in dismissing the appeal …