Category: ITAT
Penalty 271(1)(c) for claiming STCG as LTCG and deduction us 54F quashed by the ITAT holding that if the assessee had not concealed any fact while filing the return and filed the copies of the document along with the return, merely because the sale proceeds were shown as a long term capital gain …
Penalty us 271FA for late filing AIR Return quashed by ITAT considering that the tax laws of the country are complex and complicated and require assistance of specialised tax practitioners. ABCAUS Case Law Citation: 980 2016 (08) ITAT Date/Month of Judgment: August 2016 Important Judgments relied by the assessee: Motilal …
Additional depreciation u/s 32(1)(ii) on Capital Work in Progress converted into plant and machinery during the year is allowable – ITAT ABCAUS Case Law Citation: 976 2016 (07) ITAT Assessment Year: 2006-07 Date/Month of Judgment/Order: July 2016 Important Judgments Cited: JCIT vs. Lotus Energy (India) Ltd. 68 taxmann.com …
Forming opinion on the basis of information received by Investigation wing does not amount to satisfaction of the AO to reopen the case u/s 147 – ITAT ABCAUS Case Law Citation: 975 2016 (07) ITAT Assessment Year: 2004-05 Date/Month of Judgment: July 2016 Important Case Laws/Judgments Cited: Pr. …
Document pertaining to earlier year also constitutes record and if the same is over-looked, it amounts to a mistake apparent on record u/s 154 – ITAT ABCAUS Case Law Citation: 974 2016 (07) ITAT Assessment Year: 2009-10 Date/Month of Judgment: July 2016 Important Judgments cited: Sunil Sahni vs. …
Unrecoverable out of pocket expenses allowable u/s 37(1) as business loss though not admissible as bad debts written off u/s s 36(1)(vii) – ITAT ABCAUS Case Law Citation:973 2016 (07) ITATAssessment Year: 2010-11Date/Month of Judgment: July 2016 Brief Facts of the Case:The assessee firm was engaged in rendering legal services including …
No disallowance us 40aia if Form 15G 15H not furnished to Commissioner as there is no liability to deduct TDS. In such cases remedy has been provided u/s 272A(2)(f) – ITAT ABCAUS Case Law Citation: 972 2016 (07) ITAT Assessment Year(s) : 2007-08, 2010-11 Date/Month of Judgment : …
Expenditure allowed in assessment proceedings can not be restricted/disallowed in rectification proceedings u/s 154 which has a limited scope – ITAT ABCAUS Case Law Citation: 971 2016 (07) ITAT Assessment Year: 2003-04 to 2007-08 Date/Month of Judgment: July, 2016 Brief Facts of the Case: The assessee filed returns of …
Wheel loaders, Graders are Motor vehicles and are certainly eligible for higher depreciation rate at 40% as per Appendix I of Rule 5 of the Income Tax Rules, 1962 – ITAT ABCAUS Case Law Citation: 970 2016 (07) ITAT Assessment Year 2005-06 Date/Month of Judgment: July 2016 Important …
No TDS late deposit interest if cheque deposited in bank within due date in view of CBDT Circular No. 261 dated 08-08-1979 which has not been withdrawn- ITAT ABCAUS Case Law Citation: 969 2016 (07) ITAT Assessment Year: 2009-10 Date/Month of Judgment/Order: June, 2016 Brief Facts of the …
