Category: ITAT

Mere non-deduction of TDS by the deductor on a transaction does not change the character of the transaction to make it unexplained income. In a recent judgment, ITAT has held that merely, because TDS has not been deducted on a particular transaction does not change the character of …

Merely because assessee did not explain purpose of cash withdrawal from bank, it can not be taxed u/s 69C as unexplained expenditure In a recent judgment, ITAT has deleted addition u/s 69C holding that an amount withdrawn from the bank account of the assessee, the source of which …

For claiming deduction u/s 57(iii) a reasonable and intelligible nexus should be established between the expenditure incurred and the income sought to be earned. In a recent judgment, ITAT has held that for claiming deduction u/s 57(iii) a reasonable and intelligible nexus should be established between the expenditure …

Agricultural land is outside the definition of capital asset, therefore, the deeming provision u/s 56(2)(x) cannot be invoked – ITAT In a recent judgment, ITAT has held that where the assessee has purchased agricultural land the same is outside the definition of capital asset, therefore, the deeming provision …

Assessee entitled to claim deprecation u/s 11(6) if corresponding capital expenditure was not claimed as application of income – ITAT In a recent judgment ITAT has held that assessee society was entitled to claim deprecation u/s 11(6) towards application of income in view of the fact that corresponding …

Section 292C of the Income Tax Act 1961 indeed carries presumption of correctness of such seized documents contents but only against the searched than any third party In a recent judgment, ITAT has held that section 292C of the Income Tax Act 1961 indeed carries presumption of correctness …

Refund can not be denied on the ground that it was claimed in a return filed u/s 148 where no return had been filed u/s 139 – ITAT In a recent judgment, ITAT has held that refund can not be denied on the ground that it was claimed …

The distinction between religious and charitable purposes is determined by institution’s primary or dominant object and not merely by presence of religious practices or symbolism – ITAT In a recent judgment, ITAT has held that in the context of the Income-tax Act, the distinction between religious and charitable …

No fault in serving notice u/s 148 to last known address when assessee had not updated change of address in PAN data. In a recent judgment, ITAT has held that when assessee had not updated change of address in PAN data, there was no fault on the part …

Investment made by firm through capital introduced by partners cannot be treated as unexplained investment in the hands of the partnership firm. In a recent judgment, ITAT has held that investment made through capital introduced by the partners of the firm cannot be treated as unexplained investment in …