Category: ITAT

Unavoidable circumstances for waiver of interest us 234A also qualify for reduction/waiver of 234BC interest as well-Madras High Court

Unavoidable circumstances for waiver of interest us 234A also qualify for reduction/waiver of 234B 234C interest as well-Madras High Court. ABCAUS Case Law Citation: 1021 (2016) (09) HC Brief Facts of the Case: The petitioner assessee filed the present writ petitioner challenges the order passed by the Commissioner of Income Tax (CIT) …

No addition on the basis of surrender made at the time of survey. It is to be based on evidences material as unlike section 132(4), survey team not authorised to administer an oath u/s 133A- ITAT

No addition on the basis of surrender made at the time of survey. It is to be based on evidences material as unlike section 132(4), survey team not authorised to administer an oath u/s 133A- ITAT ABCAUS Case Law Citation: 1020 (2016) (09) ITAT Brief Facts of the Case: The …

Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT

Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT ABCAUS Case Law Citation: 1014 (2016) (09) ITAT Brief Facts of the Case: In the instant case, the assessee was aggrieved by the order …

Commissioner can allow fresh deduction claim u/s 264 under revision petition without requirement of filing of revised income tax return – Kerala High Court

Commissioner can allow fresh deduction claim u/s 264 under revision petition without requirement of filing of revised income tax return – Kerala High Court ABCAUS Case Law Citation: 1012 (2016) (09) HC Important Judgments Cited: Parekh Brothers v. Commissioner of Income Tax Goetze (India} Ltd. v. Commissioner of Income Tax …

Fall in GP ratio or non-incurring basic business expenditure like travelling, telephone salary etc. not reasons for rejecting books of accounts us 145

The marginal fall in GP ratio compared to preceding year and non-incurring of expenditure like travelling, telephone, salary, etc. are not the relevant reasons for rejecting of books of accounts under section 145 of the Income Tax Act – ITAT ABCAUS Case Law Citation: 1010 2016 (09) ITAT …