Category: ITAT
			
			
					
			
				
							
					
				Reopening us 147 on the basis of cash deposits in bank invalid as there was no basis to form reason that cash deposits represented income of the assessee – ITAT ABCAUS Case Law Citation: ABCAUS 1128 (2017) (02) ITAT Assessment Year : 2008-09 Date/Month of Pronouncement: February, 2017 …			
						
					
			
				
							
					
				Yoga also gives medical relief as per definition of charitable purpose us 2(15). Propagation of yoga was charitable purpose and also imparting of education – ITAT ABCAUS Case Law Citation: ABCAUS 1127 (2017) (02) ITAT Assessment Year : 2009-10 Date/Month of Pronouncement: February, 2017 Important Case Laws Cited/relied upon: …			
						
					
			
				
							
					
				Addition us 68 for accommodation entries-don’t shoot the messenger. Addition restricted to commission earned on accommodation entries-ITAT  ABCAUS Case Law Citation:ABCAUS 1125 (2017) (02) ITAT Assessment Year : 1995-96Date/Month of Pronouncement: February, 2017 Brief Facts of the Case:The present judgment was delivered in the second round of litigation. …			
						
					
			
				
							
					
				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 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 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 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. 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   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 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 …