Category: ITAT
Addition based on statement recorded deleted as witness did not appear for cross examination on Departments notice ABCAUS Case Law Citation:ABCAUS 3345 (2020) (07) ITAT Important case law relied upon by the parties:Kishanchand Chellaram 125 ITR 713 (SC)Andaman Timber Industries 281 CTR 214 (SC The Assessee had challenged …
Disallowance u/s 40A(2)(b) AO has to form opinion if expenses more than FMV according to legitimate needs of business. ABCAUS Case Law Citation:ABCAUS 3344 (2020) (07) ITAT Important case law relied upon by the parties:Flour Mills Vs. ACIT (2009) 314 ITR 1 (Guj.)CIT Vs. Shatrunjay Diamonds (2003) 261 …
Assessee not permitted to change head of income as per his own sweet will and convenience. ITAT upheld addition following consistency rule ABCAUS Case Law Citation:ABCAUS 3341 (2020) (07) ITAT Important case law relied upon by the parties:Chennai Properties & Investments Ltd. v/s CIT, 373 ITR 673 (SC)Rayala …
Concealment Penalty cannot be levied on rejection of a bonafide claim. Even assessee with great expertise could make silly mistake ABCAUS Case Law Citation:ABCAUS 3337 (2020) (07) ITAT Important case law relied upon by the parties:Price Waterhouse Coopers (P) Ltd vs. CIT 348 ITR 306 SCCIT vs. Somany …
Services of web promotion, social media management held not liable to withholding tax u/s 195 as per the provisions of the DTAA ABCAUS Case Law Citation:ABCAUS 3335 (2020) (07) ITAT Important case law relied upon by the parties:ITO vs. B. A. Research India Pvt. Ltd.ITO vs. Cadila Health …
Interest on FDR pledged as security for obtaining contract is business income and profits to be computed by applying NP rate ABCAUS Case Law Citation:ABCAUS 3334 (2020) (07) ITAT In the instant case the appeal was filed by the assessee against the orders passed by CIT(A) in holding …
It is impossible to maintain list of gifts given and demonstrate that a particular sales order was received as a result of a particular gift ABCAUS Case Law Citation:ABCAUS 3330 (2020) (07) ITAT In the instant case, appeal had been preferred by the assessee against order passed by …
Rejection of books of accounts for non maintenance of stock register or incorrect valuation method or non compliance with accounting standard not sufficient. ABCAUS Case Law Citation:ABCAUS 3328 (2020) (07) ITAT Important case law relied upon by the parties:ACIT vs. Yerra Nagabhushanam (1997) 226 ITR 843, 849 (AP)Kunhambu …
Delay in filing appeal due to assessee not present at his residence and took time in consulting his Counsel condoned by ITAT ABCAUS Case Law Citation:ABCAUS 3326 (2020) (07) ITAT Important case law relied upon by the parties:Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 …
Lack of enquiry in a particular manner or as per procedures prescribed vitiates the assessment only when relevant provisions are applicable. ABCAUS Case Law Citation:ABCAUS 3325 (2020) (07) ITAT In the instant case, the appeal of the assessee was directed against the action of the Pr. CIT …