Category: ITAT

A bald statement recorded during survey would not in itself be a foundation for any addition – ITAT In a recent judgment, ITAT Delhi has held that a bald statement recorded during the course of survey would not in itself be a foundation for any addition, especially if …

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding judicial order a statutory default In a recent judgment, ITAT Agra has held that a subsequent order passed by the Hon’ble Apex Court in respect of the substantive …

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A – ITAT Interest payment on mobilisation advance made by the assessee to NHAI not liable for deduction of tax at source u/s 194A of the Income Tax Act, 1961 (the Act). …

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO during assessment accepted the same after enquiry- ITAT In a recent judgment ITAT has held that where difference in sales declared in ITR and VAT return arose only …

Denying the accumulation of u/s 11(2) merely on grounds of a procedural delay in filing Form No. 10 is unsustainable in law. In a recent judgment, ITAT has held that denying the accumulation of under section 11(2) merely on grounds of a procedural delay in filing Form No. …

Immunity u/s 270AA(2) in respect of a single transaction can not be denied to one assessee when the penalty was dropped for other assessee. In a recent judgment, ITAT has allowed immunity from penalty u/s 270A to the assessee for not declaring capital gain on property observing that …

ITAT deleted addition u/s 69A towards jewellery found in search in view of Indian traditions, CBDT Instruction and High Court decisions In a recent judgment, ITAT held that the 2000 gram jewellery found in the case of assessee, and his family was very much reasonable, keeping in mind …

At the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to section 2(15) of the Act – ITAT In a recent judgment, ITAT has held at the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to …

Unsigned document has no validity or veracity in law and cannot be a basis for levying penalty u/s 271DA – ITAT In a recent judgment, ITAT has held that an unsigned document has no validity or veracity in law and Department cannot assume assessee to have made any …

Non issuance of notice u/s 143(2) for return filed u/s 148 even though belatedly, makes the assessment framed bad in law and void ab initio – ITAT In a recent judgement, ITAT has held that if no scrutiny notice u/s 143(2) is issued in respect of return filed …