Category: ITAT
Concealment penalty deleted when income was received by cheque after deducting TDS. ITAT accepts that non disclosure was inadvertent not willful. ABCAUS Case Law Citation: ABCAUS 1171 (2017) (03) ITAT The Grievance: The appellant assessee had challenged the order of CIT(A) confirming the order of Assessing Officer …
Disallowance us 40(a)(ia) deleted on non CA certificate basis. In the interest of justice and fair play ITAT set aside matter to AO for examination ABCAUS Case Law Citation: ABCAUS 1170 (2017) (03) ITAT The Grievance: The assessee was aggrieved by the order of CIT(A) upholding disallowance …
Appeal delay condonation-when assessee not stand to gain by delaying filing appeals, reasons stated under oath in affidavit cannot be disbelieved – ITAT ABCAUS Case Law Citation: ABCAUS 1169 (2017) (03) ITAT Assessment Year : 2011-12 to 2013-14 Date/Month of Pronouncement: March 2017 Brief Facts of the Case: There …
Not allowing cross examination legally or factually incorrect. It was strange that FFA held that non providing such opportunity would not vitiate proceedings-ITAT ABCAUS Case Law Citation: ABCAUS 1168 (2017) (03) ITAT Assessment Year : 2005-06 Date/Month of Pronouncement: March, 2017 Brief Facts of the Case: A …
ITAT lacks power to dismiss appeal without adverting to merits -Allahabad High Court In a recent judgment, the Hon’ble Allahabad High Court has reiterated that currently ITAT does not have power to dismiss appeal without adverting to the merits of the appeal even if the appellant is absent. …
Deduction us 54B for land purchased in wife’s name disallowed by ITAT following the judgment of Punjab & Haryana High Court. ABCAUS Case Law Citation: ABCAUS 1163 (2017) (03) ITAT Assessment Year : 2007-08 Date/Month of Pronouncement: February 2017 Brief Facts of the Case: The appellant assessee sold …
Notice us 271(1)(b) on printed format with tick mark without striking off the non applicable clause quashed on the ground that charge was not specific. ITAT Delhi, in a recent judgment, has quashed notice u/s 271(1)(b) on printed format with only tick mark with striking off the not …
Section 68 additions not applicable to deposits in bank. The bank Pass Book or bank statement are not books of account maintained by the assessee – ITAT ABCAUS Case Law Citation: ABCAUS 1159 (2017) (03) ITAT Important Case Laws Cited/relied upon: Smt. Manasi Mahendra Pitkar vs. ITO Bhaichand …
System error showing agricultural income in return to AO. Addition made deleted by the ITAT as in the ITR downloaded such income was NIL ABCAUS Case Law Citation: ABCAUS 1158 (2017) (03) ITAT Assessment Year : 2011-12 Brief Facts of the Case: The assessee filed her return …
Gross Profit rate can not be same each year. AO could not step into the shoes of businessman to determine sale price. Addition made for low GP deleted by ITAT ABCAUS Case Law Citation: ABCAUS 1157 (2017) (03) ITAT Assessment Year : 2008-09 Date/Month of Pronouncement: March-2017 Important …
