Category: ITAT
Penalty u/s 271(1)(b) quashed as notice u/s 142(1) issued but no finding was as to if it was served on assessee. ABCAUS Case Law Citation ABCAUS 3613 (2023) (10) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming penalty u/s …
When appeal is pending before CIT(A), revisionary jurisdiction u/s 263 can not be exercised – ITAT ABCAUS Case Law CitationABCAUS 3612 (2022) (09) ITAT Important Case Laws relied upon by parties Smt. Renuka Philip vs. ITO 409 ITR 567 (Mad)CIT vs. Vam Resorts and Hotels Pvt. Ltd. 418 …
Income Tax appeals cannot be proceeded with during the continuance of the proceedings under IBC ABCAUS Case Law CitationABCAUS 3611 (2022) (09) ITAT Important Case Laws relied upon by parties Ghanashyam Mishra And Sons vs Edelweiss Asset Reconstruction (2021) 126 taxmann.com 132 (SC)Mahavir Roads & Infrastructure Pvt. Ltd., …
Deduction u/s 54. Assessee cannot be blamed for the delay in housing projects by the builder as sections 54 and 54F are beneficial provisions. In a recent judgment, ITAT has held that deduction u/s 54 can not be denied for the delay in housing projects by the builder …
Higher consumption of electricity by itself is not a ground to infer suppression of production by the assessee ABCAUS Case Law Citation ABCAUS 3603 (2022) (06) ITAT Important case law relied referred:Prinik Steels Private LimitedITO vs. Satyanarayan PareekCIT vs. Gajalaxmi Steel Pvt. Ltd.CIT vs. Khambhatta Family Trust In …
Expression ‘without making inquiries or verification’ in Section 263 to be read in conjunction with the words ‘which should have been made’. ABCAUS Case Law CitationABCAUS 3602 (2022) (06) ITAT The Appellant/Assessee had challenged the Order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 …
No deduction/allowance is allowable against unexplained cash credit u/s 68 which is considered as income of the assessee ABCAUS Case Law CitationABCAUS 3599 (2022) (05) ITAT Important case law relied referred:Fakir Mohmed Haji Hasan v. CIT 247 ITR 290 In a recent judgment, the ITAT has held that …
No revision u/s 263 simply because AO in order did not make an elaborate discussion – ITAT ABCAUS Case Law CitationABCAUS 3597 (2022) (05) ITAT Important case law relied referred:Malabar Industrial Co. Ltd. 243 ITR 83Gabriel India Ltd 203 ITR 10CIT vs. Anil Kumar reported in 335 ITR …
CIT is required to make enquiries himself to allege assessment order as erroneous and prejudicial to the interest of Revenue u/s 263 ABCAUS Case Law CitationABCAUS 3596 (2022) (05) ITAT Important case law relied referred:CIT Vs Jaiswal Motor Finance 141 ITR 706 (All)CIT Vs Metachem Industries 245 ITR …
ITAT admits additional evidences as assessee died before assessment proceedings and it could not be collected in time by legal heirs ABCAUS Case Law CitationABCAUS 3595 (2022) (05) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in restricting the addition made …
