Category: ITAT
			
			
					
			
				
							
					
				Carry forward of loss for belated return with positive income not allowed. Section 80 not use word ‘return of loss’, Section 139(3) talks of loss sustained under specific heads – ITAT ABCAUS Case Law Citation: ABCAUS 1197 (2017) (04) ITAT The Grievance: The assessee was aggrieved by the …			
						
					
			
				
							
					
				Fair rental value estimated by Income Tax Inspector disapproved by ITAT. FMRV ordered to be ascertained u/s 23(4) by applying percentage of cost  ABCAUS Case Law Citation: ABCAUS 1196 (2017) (04) ITAT The Grievance: The only issue raised by the assessee was against the confirmation of addition for …			
						
					
			
				
							
					
				Cash book not found at search produced later was eye wash. Allahabad High Court rejects contention that it was with accountant as generally users take only data  ABCAUS Case Law Citation: ABCAUS 1192 (2017) (03) HC The Substantial Question of Law raised: The appeal was admitted inter alia …			
						
					
			
				
							
					
				Scholarship payment is charitable expenditure when candidate was selected by a process selecting most deserving one which was not related to members of the Society – Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1192 (2017) (03) HC The Substantial Question of Law raised: Whether on the facts …			
						
					
			
				
							
					
				Addition for share application money not warranted if AO not disputed correctness of evidences furnished or not made any adverse comments – ITAT  ABCAUS Case Law Citation: ABCAUS 1191 (2017) (03) ITAT The Grievance: The appellant assessee company was aggrieved by the order passed by the CIT(A) inter …			
						
					
			
				
							
					
				Reduction of loan waived from fixed assets actual cost-wdv u/s 43(6)(c) not required for calculating depreciation allowable under Income tax Act – ITAT In a recent judgment, ITAT Delhi has held that reduction of loan waived from fixed assets actual cost-wdv u/s 43(6)(c) not required for calculating depreciation …			
						
					
			
				
							
					
				Reopening us 147 after four years with Addl CIT approval bad. Notice u/s 148 was illegal as approval/satisfaction of CCIT/CIT was required u/s 151(1) – ITAT ABCAUS Case Law Citation: ABCAUS 1188 (2017) (03) ITAT The Ground of Appeal: The effective grounds contested by the assessee was that …			
						
					
			
				
							
					
				Entire amount of undisclosed purchases can not be added as profit. In absence of information on sales of such purchases only profit element can be taxed – ITAT ABCAUS Case Law Citation: ABCAUS 1181 (2017) (03) ITAT Assessment Year : 2007-08 Date/Month of Pronouncement: March, 2017 Brief Facts …			
						
					
			
				
							
					
				Advance for purchasing capital assets not deemed divided u/s 2(22)(e). It was a trade advance in the normal course of business – ITAT ABCAUS Case Law Citation: ABCAUS 1180 (2017) (03) ITAT The Grievance: The appellant assessee company was aggrieved by the addition made by the Assessing Officer …			
						
					
			
				
							
					
				CIT-A not to reject new claims made first time on the ground that it was not raised before AO. Litigants can also forget vital issues while filing appeal – ITAT ABCAUS Case Law Citation: ABCAUS 1179 (2017) (03) ITAT Assessment Year : 2009-10 Date/Month of Pronouncement: March, 2017 …