ITAT Archives - Page 163 of 189

Penalty 271(1)(c) for claiming higher Housing Loan Interest deduction u/s 24(b) deleted.

administrator February 12, 2017 Income Tax, ITAT, Judgments

Penalty 271(1)(c) for claiming higher Housing Loan Interest deduction u/s 24(b) deleted. The AO did not detect mistake but noticed it from the reply of the assessee – ITAT Judgment ABCAUS Case Law Citation:ABCAUS 1124 (2017) (02) ITAT Assessment Year : 2008-09Date/Month of Pronouncement: February, 2017 Important Case …

CPC intimation us 143(1) applying MMR on AOP trust invalid

administrator February 10, 2017 Income Tax, ITAT, Judgments

CPC intimation us 143(1) applying MMR on AOP trust invalid as jurisdiction limited for disallowing only prima facie inadmissible deductions, allowances – ITAT In a recent judgment, ITAT Rajkot held that CPC intimation us 143(1) applying MMR on AOP trust invalid as jurisdiction limited for disallowing only prima …

Revision us 263-Use of word “appears” showed CIT was not sure how and in what manner the assessment order passed was without investigation-ITAT

administrator February 9, 2017 Income Tax, ITAT, Judgments

Revision us 263-Use of word appears showed CIT was not sure as to how and in what manner the assessment order passed was without investigation and enquiry-ITAT ABCAUS Case Law Citation: ABCAUS 1121 (2017) (02) ITAT Assessment Year : 2008-09 Date/Month of Pronouncement: February, 2017 The Grievance: The …

Jurisdictional issue not general ground requiring no adjudication. Whenever jurisdiction is questioned it is to be first decided.

administrator February 6, 2017 Income Tax, ITAT, Judgments

Jurisdictional issue not general ground requiring no adjudication. Whenever jurisdiction of an authority to pass the order is questioned then the foundational fact questioned is to be first decided-ITAT ABCAUS Case Law Citation: ABCAUS 1118 (2017) (02) ITAT Assessment Year : 2009-10 Date/Month of Judgment/Order: February, 2017 Brief …

Non-service of notice-onus is on Revenue to demonstrate that notice was issued in accordance with law-ITAT

administrator February 5, 2017 Income Tax, ITAT, Judgments

Non-service of notice-onus is on Revenue to demonstrate that notice was issued in accordance with law. Assessee cannot be asked to lead negative evidence-ITAT ABCAUS Case Law Citation: ABCAUS 1117 (2017) (02) ITAT Assessment Year : 2007-08 Date/Month of Pronouncement: February 2017 Brief Facts of the Case: …

Penalty 271(1)(c)-Explanation need not proved completely. As long as the explanation is reasonable and bonafide penalty need not be imposed-ITAT

administrator February 5, 2017 Income Tax, ITAT, Judgments

Penalty 271(1)(c)-Explanation need not proved completely. As long as the explanation is reasonable and bonafide penalty need not be imposed-ITAT ABCAUS Case Law Citation: ABCAUS 1116 (2017) (02) ITAT Assessment Year : 2008-09 Date of Pronouncement: 30-01-2017 Brief Facts of the Case: During the assessment, an addition …

Order us 263 not nullity if notice not signed by CIT, when opportunity of hearing was otherwise given by the Commissioner-ITAT

administrator February 1, 2017 Income Tax, ITAT, Judgments

Order us 263 not nullity if notice not signed by CIT, when opportunity of hearing was otherwise given by the Commissioner-ITAT ABCAUS Case Law Citation: ABCAUS 1114 (2017) (02) ITAT Assessment Year : 2010-11 Brief Facts of the Case: In a recent judgment, ITAT, Kolkata dismissed a bunch …

Education per se charitable us 2(15). Registration u/s 12A can not be denied for not free of cost education to needy students-ITAT

administrator January 30, 2017 Income Tax, ITAT, Judgments

Education per se charitable us 2(15). Registration u/s 12A can not be denied for not free of cost education to needy students-ITAT ABCAUS Case Law Citation: ABCAUS 1112 (2017) (01) ITAT Important Case Laws Cited/relied upon: American Hotel & Lodging Educational Institute vs. CBDT 301 ITR 86 …

Filing adjournment application at closing office hours. CIT(A) was justified in passing ex-parte order upholding penalty u/s 272A(1)(c) – ITAT

administrator January 28, 2017 Income Tax, ITAT, Judgments

Filing adjournment application at closing office hours. CIT(A) was justified in passing ex-parte order upholding penalty u/s 272A(1)(c) – ITAT ABCAUS Case Law Citation: ABCAUS 1111 (2017) (01) ITAT Assessment Year : 2012-13 Date of Pronouncement: 19-01-2017 Important Case Laws Cited/relied upon: Smt. Rekha Rani Vs. DCIT …

Form 10B income accumulation amount inadvertent mistake. Income Tax authorities were misconceived in denying the claim for the difference-ITAT

administrator January 26, 2017 Income Tax, ITAT, Judgments

Form 10B income accumulation amount inadvertent mistake. Income Tax authorities were misconceived in denying the claim for the difference-ITAT ABCAUS Case Law Citation: ABCAUS 1110 (2017) (01) ITAT Assessment Year : 2003-04 Date of Pronouncement: 20-01-2017 Brief Facts of the Case: The assessee was a charitable trust …

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