Category: ITAT

Penalty u/s 271B is not attracted in a case where books of account have not been maintained In a recent judgment, ITAT Allahabad has held that penalty under section 271B of the Income Tax Act, 1961 is not attracted in a case in which books of account have …

Penalty u/s 270A quashed as there was no satisfaction in the penalty order on what exactly was under reporting of income and what was misreporting of income by the assessee In a recent judgment, ITAT Raipur deleted penalty under section 270A observing that there was no satisfaction brought …

When AO invoked provisions of section 37(1) to disallow purchases, provisions of section 69C of the Act are not applicable In a recent judgment, ITAT Delhi has held that when AO did not raise any doubts about the source of such purchases but invoked the provisions of section …

ITAT refuses to accept opening cash as source of cash deposit as assessee was not subject to audit and cash book was just a self-servicing document In a recent judgment, ITAT Rajkot has declined to accept the opening cash as source of cash deposit holding that assessee was …

Advances received in normal course of business and adjusted against sale bills cannot be added u/s 68 of the Income Tax Act In a recent judgment, ITAT Kolkata has upheld that advances received in the normal course of business cannot be added u/s 68 of the Act when …

Faceless mechanism for income escaping assessment would not exclude the Central charges and International Taxation charges from its application – ITAT In a recent judgment, ITAT Chandigarh quashed notice under section 148 issued by JAO holding that faceless mechanism for income escaping assessment would not exclude the Central …

Ground not adjudicated by first appellate authority or ground not originating from first appellate order cannot be decided in second appeal In a recent judgment, ITAT Panji has held that ground which is not adjudicated by first appellate authority or ground not originating from first appellate order cannot …

Notice u/s 143(2) without specifying whether it is a limited scrutiny or a complete scrutiny or a compulsory manual scrutiny held void – ITAT In a recent judgment, ITAT Guwahati has held that income tax notice u/s 143(2) without specifying whether it is a limited scrutiny or a …

Once unaccounted income is admitted and issue attains finality, no addition can be made on a protective basis for the same income on other assessee. In a recent judgment, ITAT Visakhapatnam has held that once the searched person admitted the unaccounted cash receipts as its income, and the …

ITAT Allahabad follows it previous decision on validity of consolidated approval u/s 153D, says it’s later decision was in violation of binding precedents. In a recent judgment, ITAT Allahabad on the issue of validity of consolidated approval u/s 153D of the Income Tax Act has followed its earlier …