Category: Income Tax

Income Tax Department was directed to correct their record and grant credit of TDS under section 194IA to assessee which was wrongly filed in Form 26QB instead of Form 27Q. In a recent judgment, Hon’ble Delhi High Court directed Income Tax Department to itself correct their record and …

ITAT remits case to examine claim of exemption u/s 10(26) for assessee being a Scheduled Tribe and residing in Meghalaya In a recent judgment, ITAT Guwahati set aside the order of the CIT(A) and remitted the case for examination of claim of exemption u/s 10(26) of the Income …

Order passed under section 119(2)(b) of the Act is not appealable before the Tribunal In a recent judgment, ITAT Chennai has held that an order passed by the Commissioner under section 119(2)(b) of the Act is an administrative order; therefore, the same is not appealable before the Tribunal. …

Exemption u/s 54F can not be denied merely because assessee did not deposit net sale consideration in capital gain account  In a recent judgment, ITAT Chennai has held that exemption u/s 54F can not be denied merely because assessee did not deposit net sale consideration in capital gain …

Addition u/s 56(2)(vii)(b) deleted in absence of DVO’s report where the building on the land purchased was 30 years old In a recent judgment, ITAT Chennai deleted addition u/s 56(2)(vii)(b) as there was no DVO’s report as on the date of impugned order and the subject building was …

Denial of exemption u/s 10(26) upheld as address of assessee in PAN was of Mumbai and he could not produce any evidence of residing in specified area In a recent judgment, Hon’ble High Court of Jammu and Kashmir has upheld denial of exemption under section 10(26) as address …

No addition u/s 69A can be made for cash deposit in bank when the alleged bank accounts were duly recorded in the books of accounts of the assessee – ITAT In a recent judgment, ITAT Agra quashed addition made under section 69A for cash deposit in the bank …

Benefit of exemption u/s 11 cannot be denied, only because assessee misplaced and could not produce registration certificate issued u/s 12AA – ITAT  In a recent judgment, ITAT Jaipur held that benefit of exemption u/s 11 cannot be denied only because assessee could not place on record registration …

ITAT condoned delay of 346 days observing law and provisions are laid down to benefit both sides of litigation. In a recent judgment, ITAT Rajkot condoned the delay of 346 days in filing appeal observing that provisions of law have to be adhered strictly and that one cannot …

No fault in invoking Revisionary jurisdiction u/s 263 to direct AO to issue correct penalty notice by modifying the reassessment order – ITAT  In a recent judgment, ITAT Ahmadabad has held that the revisionary jurisdiction invoked u/s 263 by directing the Assessing Officer to issue correct penalty notice …