Category: ITAT

No addition u/s 69A can be made for cash deposit in bank when the alleged bank accounts were duly recorded in the books of accounts of the assessee – ITAT In a recent judgment, ITAT Agra quashed addition made under section 69A for cash deposit in the bank …

Benefit of exemption u/s 11 cannot be denied, only because assessee misplaced and could not produce registration certificate issued u/s 12AA – ITAT  In a recent judgment, ITAT Jaipur held that benefit of exemption u/s 11 cannot be denied only because assessee could not place on record registration …

ITAT condoned delay of 346 days observing law and provisions are laid down to benefit both sides of litigation. In a recent judgment, ITAT Rajkot condoned the delay of 346 days in filing appeal observing that provisions of law have to be adhered strictly and that one cannot …

No fault in invoking Revisionary jurisdiction u/s 263 to direct AO to issue correct penalty notice by modifying the reassessment order – ITAT  In a recent judgment, ITAT Ahmadabad has held that the revisionary jurisdiction invoked u/s 263 by directing the Assessing Officer to issue correct penalty notice …

Agricultural land cannot be taken out of the purview of section 56(2)(x) of the Income Tax Act, 1961 (the Act) which uses the term “immovable property”.  In a recent judgment, ITAT Ahmedabad has held that agricultural land cannot be taken out of the purview of section 56(2)(x) of …

Unless it is shown that money withdrawn from bank was utilized for some other purpose, no addition can be made merely because there was a time gap between a withdrawal and re-deposit of money In a recent judgment, the ITAT Allahabad has held that unless the Revenue can …

Onus lies on assessee to prove amount received from clients towards expenses were actually expended for the purpose intended. In a recent judgment, the ITAT Delhi has upheld that for amount received from clients towards expenses reimbursement, onus lies on assessee to prove that the expenses were wholly …

ITAT deleted addition u/s 68 in the case of Mrs Swapna Roy wife of deceased Subrata Roy of Sahara India for cash deposited in bank account In a recent judgment, the ITAT Delhi in the case of Mrs Swapna Roy wife of deceased Subrata Roy of Sahara India, …

AO using the terms “underreporting” and “misreporting as a consequence of underreporting” loosely, showed he was unaware of the different connotations and their implications.  In a recent judgment, ITAT Agra has deleted penalty under section 270A observing that the AO apparently used the terms “underreporting” and “misreporting as …

ITAT directs AO to examine claim of deferred revenue expenditure not claimed in profit and loss account In a recent judgment, ITAT Indore has directed AO to examine claim for deduction of expenses treated by assessee as “deferred revenue expenses” in books of account as books entries are …