Category: ITAT

No concealment if income returned and accepted is same where assessee surrenders income at survey action before the end of the financial year – ITAT  ABCAUS Case Law Citation: ABCAUS 2390 (2018) 07 ITAT The instant appeal was preferred by the Revenue against the order of Commissioner of …

Rectification u/s 154 for difference of receipt  with TDS certificates not permissible as the difference in receipts requires investigation and enquiry and not a case of obvious and patent mistake – ITAT ABCAUS Case Law Citation: ABCAUS 2389 (2018) 06 ITAT The instant appeal was preferred by the …

No disallowance u/s 40(a)(ia) when TDS deposited within extended time for ITR filing. Even otherwise over a period of two years effect is revenue neutral ABCAUS Case Law Citation: ABCAUS 2388 (2018) 06 ITAT The instant appeal was filed by the Revenue against the order of the Commissioner …

Cash loan from father to son for financial support not covered u/s 269SS. Repayment also not covered u/s 269T-Tribunal deletes penalty u/s 271D and 271E ABCAUS Case Law Citation: ABCAUS 2387 (2018) 06 ITAT Important Case Laws Cited/relied upon by the parties: Anant Himatsingk vs Addl. Commissioner of …

An undated confirmation letter cannot be rejected unless proved false. ITAT deletes addition made u/s 68/69 for cash deposits in bank account ABCAUS Case Law Citation: ABCAUS 2386 (2018) 06 ITAT The instant appeal was filed by the assessee against the order of the Commissioner of Income Tax …

Bounced cheque can not be treated unexplained credits u/s 68. Onus to prove identity, genuineness and creditworthiness of the party out of question – ITAT ABCAUS Case Law Citation: ABCAUS 2385 (2018) 06 ITAT In a recent judgment, ITAT Hyderabad has held that bounced cheque can not be …

Capital gain deduction u/s 54 for purchase of two flats on different floors allowed as flats were one above the other and converted into a single residential duplex unit The instant appeal was filed by the appellant assessee against he order of the CIT(A) in upholding the action …

There is no bar in filing revised return of income after issue of income tax notice u/s 143(2). There is no such provision in section 139(5) of the Income Tax Act that the assessee cannot file a revised return of income after issuance of notice – ITAT ABCAUS Case …

Date of transfer of immovable property is when sale deed is executed and not when it is recorded by the Registrar. ITAT deletes addition u/s 56(2)(vii)(b) The instant appeals were filed by the assessee against the order of the CIT(A) confirming the action of assessing officer (AO) in …

Orders u/s 234E not appealable before CIT(A). Department not obliged to serve the order separately upon the assessee when available online – ITAT  The instant appeals were filed by the assessee against the order of the CIT(A) confirming the order imposing late fees under section 234E of the …