Category: ITAT

Mere technical mistake made by assessee while filing up return cannot be a ground of disallowing the claim when such mistake is curable – ITAT In a recent judgment, ITAT has directed CPC to allow deduction for amount paid as gratuity to LIC trust holding that mere technical …

In absence of mala fide intention bank should not be treated as assessee in default for late deduction and deposit of TDS – ITAT In a recent judgment, ITAT has held that in absence of mala fide intention bank should not be treated as assessee in default for …

Notice issued u/s 143(2) prior to filing of return of income by the assessee was invalid. Before filing ITR provisions of section 143(2) can not be triggered.  In a recent judgment, ITAT has held that notice issued under section 143(2) of the Act prior to filing of return …

Tax authorities not bound with provisions of section 44AE of the Act once assessee waived the option available In a recent judgment, ITAT has held that Tax authorities are not bound with provisions of section 44AE of the Act once assessee waived the option available to assess income …

Whether seized document is incriminating or not is definitely a findings of fact – High Court In a recent judgment, High Court has held that whether seized document is incriminating or not is definitely a findings of fact. Hard disk was not incriminating documents as its contents were …

Addition u/s 68 for jewellery purportedly received on death of grandparent under Will upheld. In a recent judgment, ITAT upheld the addition u/s 68 of the jewellery claimed to have been received on death of grandparent under Will as grandmother was a housewife with no regular sources of …

Application though named as rectification but if tax imposed is not legitimate then it also touches upon the merit – High court remitted the case to ITAT In a recent case, the Hon’ble High Court remitted the case to ITAT holding that though the application was filed under …

Cost of acquisition as on 01.04.1981 taken as per valuer report by reverse indexing of current FMV to be further indexed for calculating capital gain In a recent case, the ITAT has deleted the addition on account of Long Term Capital Gain holding that cost of acquisition as …

ITAT directed AO to serve notice of hearing both through electronic and physical mode upon the assessee  In a recent case, the ITAT has directed AO to serve notice of hearing both through electronic and physical mode as the assessee was a non-return filer and did not know …

Assessment u/s 147 on the basis of seized material found during search of third party void ab-initio – ITAT In a recent judgment, ITAT has quashed the re-assessment order passed u/s 147 holding that when incriminating material is seized belonging to person other than searched, assessment has to …