Category: ITAT

Mentioning PAN in place of TAN in TDS challan-Assessee should not be penalized or punished for technical mistakes when there is no loss to Revenue – ITAT ABCAUS Case Law Citation ABCAUS 2365 (2018) 06 ITAT The instant appeal was preferred by the Income Tax Officer (ITO/Assessing Officer) …

RBI penalty for clerical mistakes not disallowable u/s 37. The genuine clerical mistake cannot be treated as an offense under the Banking Regulations Act – ITAT ABCAUS Case Law Citation ABCAUS 2364 (2018) 06 ITAT The instant appeal was preferred by the assessee against the order of the …

Reopening notice u/s 148 void if original assessment pending in appeal.  ITAT quashed notice where proceedings u/s 153A were pending before CIT(A) ABCAUS Case Law Citation ABCAUS 2363 (2018) 06 ITAT The instant appeal was preferred by the assessee against the order of the Commissioner of Income Tax …

Disallowance challenged and pending in appeal against original assessment u/s 143(3) can not be made again in search assessment framed u/s 153A/153C of the Income Tax Act ABCAUS Case Law Citation ABCAUS 2362 (2018) 06 ITAT The instant appeal was preferred by the assessee against the order of …

CIT revisional order setting aside dropping of penalty proceedings u/s 271(1)(c) by the AO was quashed by ITAT as AO took one of the possible views as per the  judgment of Apex Court ABCAUS Case Law Citation ABCAUS 2361 (2018) 06 ITAT In the all the cases covered …

Allegation of Planting Register by Income Tax Department during survey rejected by ITAT as apparently an error occurred in recording correct number of pages ABCAUS Case Law Citation ABCAUS 2360 (2018) 06 ITAT The instant appeal was filed by the appellant assessee agitating the Order passed by the …

Income accumulated us 11(2) not deemed income when transferred from capital fund account to the income and expenditure account for utilisation within time allowed u/s 11(3)(c)-ITAT The instant appeal was preferred by the Revenue against the order passed by the Commissioner of Income Tax (Appeals) in deleting the …

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 …