Category: ITAT

Reopening us 147 after four years with Addl CIT approval bad. Notice u/s 148 was illegal as approval of CCIT/CIT was required u/s 151(1) – ITAT

Reopening us 147 after four years with Addl CIT approval bad. Notice u/s 148 was illegal as approval/satisfaction of CCIT/CIT was required u/s 151(1) – ITAT ABCAUS Case Law Citation: ABCAUS 1188 (2017) (03) ITAT The Ground of Appeal: The effective grounds contested by the assessee was that …

Entire amount of undisclosed purchases can not be added as profit. In absence of information on sales, only profit element can be taxed – ITAT

Entire amount of undisclosed purchases can not be added as profit. In absence of information on sales of such purchases only profit element can be taxed – ITAT ABCAUS Case Law Citation: ABCAUS 1181 (2017) (03) ITAT Assessment Year : 2007-08 Date/Month of Pronouncement: March, 2017 Brief Facts …

CIT-A not to reject new claims made first time on the ground that it was not raised before AO. Litigants can also forget vital issues while filing appeal – ITAT

CIT-A not to reject new claims made first time on the ground that it was not raised before AO. Litigants can also forget vital issues while filing appeal – ITAT ABCAUS Case Law Citation: ABCAUS 1179 (2017) (03) ITAT Assessment Year : 2009-10 Date/Month of Pronouncement: March, 2017 …

Affidavit statement has to be taken as correct unless controverted by material filed by other party to counter the statement made therein – ITAT

Affidavit statement has to be taken as correct unless controverted by material filed by other party to counter the statement made therein – ITAT ABCAUS Case Law Citation: ABCAUS 1177 (2017) (03) ITAT The Grievance: This assessee was aggrieved by the order passed by the CIT(A) upholding the …

Original Assessment order merged with CIT order passed u/s 264. AO could not have rectified its original order passed u/s 147 – ITAT

Original Assessment order merged with CIT order passed u/s 264. AO could not have rectified its original order passed u/s 147 – ITAT ABCAUS Case Law Citation: ABCAUS 1174 (2017) (03) ITAT Assessment Year : 1999-2000 Date/Month of Pronouncement: March, 2017 Important Case Laws Cited/relied upon: ITO Vs. …

Disallowance us 14A(2)-AO need not resort to Rule 8D always. AO is entitled to invoke section 14A(2), Rules cannot prevail over the Act – ITAT

Disallowance us 14A(2)-AO need not resort to Rule 8D always. AO is entitled to make disallowance u/s 14A(2), Rules cannot prevail over the Act – ITAT  ABCAUS Case Law Citation: ABCAUS 1172 (2017) (03) ITAT The Grievance: The assessee had challemged the order of the CIT invoking revisionary …