Category: ITAT

When reasons for reopening were never sought by assessee plea can not be taken that reasons not supplied or not supplied within reasonable time In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the proceedings u/s 147/148 of the Income Tax …

Bad debts claimed u/s 36(1(vii) disallowed as only provision was made and bad debts not written off in books of account In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming disallowance of bad debts claimed u/s 36(1)(vii) of the Income Tax …

CIT approval u/s 153D in bulk draft assessment orders on a single day held to be mechanical approval vitiating entire proceedings. ABCAUS Case Law CitationABCAUS 3555 (2021) (10) ITAT Important case law relied referred:Shri Navin Jain vs. DCIT In the instant case the assessee had taken an additional …

Notice u/s 148 for reassessment proceedings issued when the company was no longer in existence and was dissolved by the orders of the Registrar of the Companies was invalid – ITAT ABCAUS Case Law CitationABCAUS 3553 (2021) (10) ITAT Important case law relied referred:National Thermal Power Co. Ltd. …

Without specific communication of deficiency, no effective opportunity of being heard can be said to have been granted In a recent judgment the ITAT has held that without specific communication of deficiency in submissions made, no effective opportunity of being heard can be said to have been granted …

Addition for handling loss in petrol pump allowed as it was within permissible limit of 0.75% prescribed by Essential Commodities Act ABCAUS Case Law CitationABCAUS 3548 (2021) (09) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition made …

Application for Registration u/s 12A can not be rejected for mere not filing of income-tax return In the instant case, the assessee had challenged the order passed by the Commissioner of Income-tax (Exemption) under section 12AA (1) (b) (ii) of the Income Tax Act, 1961 (the Act) rejecting …

Addition u/s 68 for unsecured loans/share capital on account of amalgamation as per High Court order deleted as no sum was actually received ABCAUS Case Law CitationABCAUS 3545 (2021) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming addition …

Once capital gain taxed in hands of individual member of society, same cannot be taxed again in the hands of society ABCAUS Case Law CitationABCAUS 3544 (2021) (08) ITAT Important case law relied referred:Corporation of India Ltd. – 187 ITR 688 (SC)Mohinder Kaur JoshPunjabi Coop House Building Society …

For difference of receipts as per 26AS and books of account, only embedded portion of profits can be added to the income ABCAUS Case Law CitationABCAUS 3540 (2021) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition …