Category: ITAT
Commissioner Appeals cannot not enhance assessment unless the assessee had a reasonable opportunity of showing cause against such enhancement – ITAT ABCAUS Case Law Citation: ABCAUS 2614 (2018) (11) ITAT Important Case Laws Cited/relied upon: Gedore Tools Pvt. Ltd. Vs. CIT 238 ITR 268 Spandana Foundation Vs. ADIT …
Compensation received from builder under settlement for failure to give possession of flat within stipulated time held not capital receipts nor interest, hence taxable at all ABCAUS Case Law Citation: ABCAUS 2613 (2018) (11) ITAT Important Case Laws Cited/relied upon: Kettlewell Bullen & Co. Ltd. Vs CIT (10\964) …
Reopening by issue of notice u/s 148 on the basis of AIR information after sending query letter to assessee was not without application of mind nor reasons recorded were reason to mere suspect – ITAT ABCAUS Case Law Citation: ABCAUS 2609 (2018) (11) ITAT The assessee had filed …
Reopening notice after 4 year when escaped income less than 1 lakh is time barred and not tenable in the eyes of law – ITAT ABCAUS Case Law Citation: ABCAUS 2608 (2018) (11) ITAT Important Case Laws Cited/relied upon: Amarnath Agrawal vs. CIT & Anr. (2015) 371 ITR …
False declaration of trucks by transporter-assessee cannot be held guilty for non deduction of TDS u/s 194C as his liability ceased with declaration ABCAUS Case Law Citation: ABCAUS 2606 (2018) (11) ITAT Important Case Laws Cited/relied upon: Steel Authority of India Limited v. Additional Commissioner of Commercial Tax …
No concealment penalty can be levied for only change of head of income – ITAT deleted penalty for change head from capital gains to business income ABCAUS Case Law Citation: ABCAUS 2604 (2018) (11) ITAT Important Case Laws Cited/relied upon: M/s Crown Tradelink Pvt. Ltd. Vs. The ACIT …
No penalty u/s 271(1)(b) leviable in the case of change of counsel resulting in non compliance of notices- ITAT deleted penalty ABCAUS Case Law Citation: ABCAUS 2603 (2018) (11) ITAT The instant appeal was filed by the revenue against the order of the CIT(A) in confirming penalty imposed …
Cash deposit in bank out of withdrawal made two years back-Revenue authorities can not dictate what assessee should do with cash withdrawn from bank ABCAUS Case Law Citation: ABCAUS 2602 (2018) (10) ITAT Important Case Laws Cited/relied upon: Smt P. Padmavathi v. ITO, ITA No.414 of 2009, R. …
Ex parte order passed without considering e-mail sent to Assessing Officer and CIT(A) restored back to AO by ITATÂ ABCAUS Case Law Citation: ABCAUS 2601 (2018) (10) ITAT The instant appeal was filed by the revenue against the order of the CIT(A). The assessee was an individual and …
Penalty imposed by Supreme Court for illegal mining held compensatory in nature and allowed as business expenditure u/s 37(1) of the Income Tax Act ABCAUS Case Law Citation: ABCAUS 2600 (2018) (10) ITAT Important Case Laws Cited/relied upon: Essel Mining & Industries Ltd vs. Addl. CIT ACIT vs. …
