Category: ITAT

Merely because the decision of the High Court followed by Ao was sub-judice before the Supreme Court it would not make the assessment order erroneous. In a recent case, the ITAT Mumbai has held that merely because the decision of the High Court was sub-judice before the Hon’ble …

Deduction of interest on borrowings invested in capital of firm allowed against interest on capital under the head profit and gains from business or professions. In a recent judgment, ITAT Mumbai has allowed deduction of interest on borrowings invested in capital of the firm from which the assessee …

Amendment to section 50C w.e.f. 01.04.2019 was to apply retrospectively w.e.f. 01.04.2003, when the section 50C was brought into statute – ITAT In a recent judgment, ITAT Agra deleted addition made u/s 56(2)(viib) holding that amendment to section 50C brought into the Act by finance Act, 2018 w.e.f. …

Approval u/s 153D has to be granted for each assessment year. A single approval granted for all AYs held as non application of independent mind. In a recent case. The ITAT Delhi quashed a single approval u/s 153D accorded in respect of 14 Assessment Years pertaining to two …

Under presumptive taxation u/s 44AD, assessee could not have maintained sales bills and bank statement, bank balance and gross receipt in terms of explanation (f) of section 139(9) of the Act were sufficient. In a recent judgment, ITAT Bangalore has held that when provisions of presumptive taxation u/s …

Addition u/s 69A for solely cash deposits in bank account deleted as it was covered by income declared u/s 44AD of the Act In a recent judgment, ITAT Rajkot held that AO erred in making addition under section 69A of the Income Tax Act, 1961 solely on the …

ITAT quashed revision order u/s 263 passed without providing information to assessee and not considering submissions & evidences furnished. In a recent judgment, ITAT Raipur has quashed the revision order passed u/s 263 holding that the PCIT grossly erred in not providing the information or documents used against …

Case was remanded by ITAT as NFAC dismissed appeal despite assessee furnishing part reply and sought further time to make full compliance.  In a recent judgment, ITAT Pune has remanded the case as NFAC dismissed the appeal without considering that assessee had furnished part reply and sought further …

Under DBFOT contract “Right to Collect Toll”, is an intangible asset and assessee is entitled to claim depreciation on it. In a recent judgment, ITAT Lucknow has held that under DBFOT contract “Right to Collect Toll”, is an intangible asset and assessee is entitled to claim depreciation on …

Appellate remedy or forum is created by the statute to rest the dispute and not to accelerate for higher forum perfunctorily. In a recent judgment, ITAT Pune has remitted the issue observing that appellate remedy or forum is created by the statute to rest the dispute and not …