Category: ITAT
Revision u/s 263 for non initiation of penalty proceedings. It is not open to CIT to exercise revisional powers to create a non existent proceedings ABCAUS Case Law Citation:ABCAUS 3187 (2019) (11) ITAT Important case law relied upon by the parties:Easy Transcription & Software Pvt.Ltd. vs. CIT Revision …
Additional Evidence admitted due to non-seriousness of Authorised Representative and for non service of notices ABCAUS Case Law Citation:ABCAUS 3186 (2019) (11) ITAT In the instant case, the appeal by the assessee was directed against order passed by the Commissioner of Income-tax (Appeals) in not permitting the assessee …
Revisionary order u/s 263 passed in the name of dead person quashed. CIT was not justified in setting aside the assessment ignoring the fact that assessee had already expired ABCAUS Case Law Citation:ABCAUS 3185 (2019) (10) ITAT Important case law relied upon by the parties:CIT Vs. M. Hemanathan, …
Addition for creditors balance difference in fish trading business. 100% accounts reconciliation impossible considering perishable nature of business ABCAUS Case Law Citation:ABCAUS 3183 (2019) (10) ITAT Additions for creditors balance difference in fish trading business The appellant assessee was an individual and was trading in fish. The case …
Addition made for excess agriculture productivity of fruits quashed. No disallowance can be made merely on basis of report of Agriculture Officer ABCAUS Case Law Citation:ABCAUS 3182 (2019) (10) ITAT Addition made for excess agriculture productivity In the instant case, appeal was filed by the assessee against …
Disallowance 40A3 for cash payments by brick kiln quashed as payments made to truck drivers at night after banking hours at village without banking facilities ABCAUS Case Law Citation:ABCAUS 3180 (2019) (10) ITAT Important case law relied upon by the parties:CIT vs. Raja Pal Automobiles (2010) 320 ITR …
Sale of scrap reduced from WIP upheld. Scrap held inextricably linked with construction / developmental activity ABCAUS Case Law Citation:ABCAUS 3179 (2019) (10) ITAT Important case law relied upon by the parties:Bokaro Steel Ltd. 236 ITR 315 In The instant case, the assessee had challenged the order passed …
Notice u/s 143(2) served by affixture at wrong address without independent witness of the locality made it bad in the eyes of law. ITAT allowed appeal of the assessee ABCAUS Case Law Citation:ABCAUS 3176 (2019) (10) ITAT Important case law relied upon by the parties:ACIT Vs. Hotel Blue …
Addition for Bogus creditors converted into cessation of liability as goods were defective and vendors had not shown amount as receivable proving that liability had ceased. ABCAUS Case Law Citation:ABCAUS 3171 (2019) (10) ITAT The appellant assessee was an individual and was engaged in the trading business. The …
NRE Account interest exempt u/s 10(4)(ii) only if assessee is resident outside India for the concerned fiscal year under FEMA ABCAUS Case Law Citation:ABCAUS 3169 (2019) (10) ITAT Important case law relied upon by the parties:Rachhpal Singh vs ITO reported in 94 ITD 79 In the instant case, …
