Category: ITAT

Limitation for reassessment u/s 150(1) has to be counted on the date of assessment order passed by the AO assessing the income in the wrong hands – ITAT This appeal by the assessee was directed against the order of CIT (A) upholding the legality of the reassessment made …

Partners capital not loan or deposit within the meaning of section 269SS – ITAT confirms deletion of penalty u/s 271D for capital contributed by partner in cash. The Revenue had filed this appeal against the order of the Commissioner of Income Tax (Appeals) whereby he deleted the penalty …

TDS credit on conflict of cash and accrual accounting. ITAT following High Court allowed proportionate TDS when TDS only was offered to tax The appellant assessee had filed the instant appeal contesting the order of the Commissioner of Income-Tax (Appeals) confirming inter alia the TDS credit restricted by …

Not referring objections of the assessee to DVO and passing order was clearly denial of principles of natural justice. ITAT deleted addition and remanded the case ABCAUS Case Law Citation: ABCAUS 2344 (2018) (05) ITAT The assessee was an individual. During the course of assessment proceedings, it was …

Jurisdiction of AO cannot be challenged after completion of assessment proceedings. ITAT dismissed assessee’s appeal in view of provisions of section 124(3)(a) The appellant assessee by cross objections had challenged the order passed by the CIT(A) in confirming the action of the Assessing Officer (AO) in framing the …

Deposit of TDS under wrong TAN – ITAT directs credit of TDS to the assessee after verification of challan In the instant appeal, the appellant assessee had challenged the order of the CIT(A) in the matter of order passed under Sections 201(1)/201(1A) of the Income Tax Act, 1961 …

If identity and genuineness of loan transactions proved addition on capacity ground can be made only in the hands of investor-ITAT follows SC The appellant assessee had preferred the instant appeal against the order of the CIT(A) in upholding the additions on account of unexplained loan u/s 68 …

Not signing reasons recorded for reopening invalidated the notice u/s 148. ITAT quashed the reopening as issue of the notice without recording reasons The appellant assessee had preferred the instant appeal against the order of the CIT(A) in upholding the reopening the assessment where reasons recorded for issuance …

No disallowance u/s 40(a)(ia) can be made for short deduction of TDS or deduction under wrong head. ITAT follows jurisdictional High Court decision. The point for consideration was as to whether the provisions of section 40(a)(ia) of the Act could be invoked for short deduction of tax at source. …

No disallowance u/s 40(a)(ia) even if payee files return belatedly u/s 139(4) if payment is considered in tax computation and CA certificate is furnished as per proviso to section  201(1)-ITAT ABCAUS Case Law Citation: ABCAUS 2333 (2018) (05) ITAT The appellant assessee had claimed an expenditure under the …