Category: Income Tax

When approval for reassessment was granted by unauthorised authority, such jurisdictional error cannot be shielded by the law of limitation – High Court In a recent judgment, Calcutta high Court has held where approval for reassessment was granted by an authority not “specified” under the statute, such jurisdictional …

ITAT on presumption of bogus purchases ought to have remanded case to AO to reconsider the whole matter instead of determining appropriate percentage of profit In a recent judgment, Kerala High Court has held that when ITAT ordered a remand on the question whether there were “bogus purchases” …

Where proceedings u/s 153C are barred by limitation, AO can not reopen the case invoking section 148 and 148A of the Act – ITAT In a recent judgment, ITAT Agra has held that where proceedings u/s 153C were barred by limitation, AO can not take recourse was reopen …

The CIT(E) should have provided opportunity to assessee to produce documents and should have decided the application on its merit – ITAT In a recent judgment, ITAT Delhi has held that before rejecting registration u/s 12A(1)(ac)(ii), the CIT(E) should have provided opportunity to the assessee to produce the …

ITAT condemns irresponsible attitude and callous approach of the income-tax authorities making assessee shuttle between the CPC and jurisdictional AO In a recent judgment, ITAT Ahmedabad has expressed strong displeasure over the irresponsible attitude and callous approach of the income-tax authorities making assessee shuttle between the CPC and …

AO was not justified in assessing income as per ITR processed by CPC Bangalore u/s 143(1)(a) without giving effect to the rectification application u/s 154 – ITAT In a recent judgment, ITAT Varanasi has held that AO was not justified in assessing the income of the assesse as …

Term ‘scholarship’ and ‘stipend’ though different serve one purpose and exempt u/s 10(16) of the Income Tax Act – ITAT In a recent judgment, ITAT Raipur has allowed exemption u/s 10(16) towards stipend holding that term ‘scholarship’ and ‘stipend’ though different but the purpose is one and same …

Reopening notice u/s 148 quashed as notice was not issued by ITO but issued by ACIT in violation of CBDT Instruction In a recent judgment ITAT Delhi quashed reopening notice u/s 148 because as the notice was issued by ACIT but as per CBDT Instruction, the notice u/s …

Exemption u/s 10(23C)(iiiad) allowed despite return erroneously mentioning receipts under wrong head i.e. income from other source. In a recent judgment ITAT Amritsar has allowed exemption u/s 10(23C) (iiiad) without revised return ignoring the inadvertent error in filling up the return mentioning receipts under wrong head “income from …

Objection of CIT(E) for loans taken without prior permission from Charity Commission was no reason for denial of registration u/s 12A – ITAT In a recent judgment, ITAT Nagpur has held that objection of CIT(E) with regard to loans taken without prior permission from Charity Commission was no …