Category: ITAT

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 …

Penalty 271B treating cash deposits in bank as turnover u/s 44AB upheld by Tribunal when assessee could not explain source of deposit in bank accounts  The instant appeals were filed by the assessee against the order of the CIT(A) confirming the penalty levied under section 271B of the …