Category: Income Tax

Deduction u/s 54F despite assessee owning more than two house properties made order erroneous and prejudicial – ITAT In a recent judgment, the Mumbai ITAT has upheld the revisionary order u/s 263 where Assessing Officer (AO) allowed deduction u/s 54F despite assessee owning more than two house properties. …

AO obliged to consider the response filed by assessee on e-filing portal though belatedly, before passing the final order – High Court In a recent judgment, the Hon’ble High Court of Calcutta has held that once, assessee files response though belatedly, before passing the final order, the assessing …

Cash deposit in bank account belonging to HUF can not be added to the income of individual assessee – ITAT  In a recent judgment, the ITAT Raipur has deleted addition u/s 69A holding that cash deposit in bank account belonging to HUF and disclosed in the return of …

There is no under reporting of income when tax paid u/s 115JB is more than normal tax – ITAT  In a recent judgment, the ITAT Delhi has deleted penalty u/s 270A(9) holding that there is no underreporting of income when tax is paid on deemed MAT income u/s …

Cash deposit in bank – AO duty bound to show cash earlier withdrawn was spent – ITAT In a recent judgment, the ITAT has deleted addition u/s 69A for cash deposit in bank holding that AO is duty bound to conduct enquiry to show that cash earlier withdrawn …

AO can not pass ex parte order five days after last hearing was fixed without notice to assessee even if assessee failed to seek adjournment on the date of last hearing In a recent judgment, the Hon’ble Allahabad High Court has held that AO can not pass ex …

CBDT Instruction 1916 on exclusion of jewellery confined only to the stage of seizure during search In a recent judgment, Hon’ble Madras High Court has held that CBDT Instruction 1916 on exclusion of jewellery is confined only at the stage of seizure during search and not to the …

Issue of Lower Deduction of Tax Certificate u/s 197, satisfaction of AO must be based on four tests under Rule 28AA(2) – High Court In a recent judgment, Hon’ble High Court of Madhya Pradesh has held that for issuance of a Lower Deduction of Tax Certificate u/s 197, …

Order declaring return invalid u/s 139(9) of Income Tax Act not appealable In a recent judgment, the Hon’ble ITAT Rajkot has held that order passed declaring return of income invalid under section 139(9) of the Income Tax Act 1961 is not appealable and consequently the appeal filed by …

Proceedings u/s 269SS for levy of penalty u/s 271D are independent proceedings- ITAT In a recent judgment, the ITAT Cuttack has held that proceedings u/s 269SS for levy of penalty u/s 271D are independent proceedings and are not related to assessment proceedings ABCAUS Case Law Citation:ABCAUS 4038 (2024) …