Category: ITAT

Order declaring return invalid u/s 139(9) of Income Tax Act not appealable In a recent judgment, the Hon’ble ITAT Rajkot has held that order passed declaring return of income invalid under section 139(9) of the Income Tax Act 1961 is not appealable and consequently the appeal filed by …

Proceedings u/s 269SS for levy of penalty u/s 271D are independent proceedings- ITAT In a recent judgment, the ITAT Cuttack has held that proceedings u/s 269SS for levy of penalty u/s 271D are independent proceedings and are not related to assessment proceedings ABCAUS Case Law Citation:ABCAUS 4038 (2024) …

CSR Expenses though not allowed u/s 37 however allowable deduction u/s 80G of the Income Tax Act 1961 – ITAT In a recent judgment, the ITAT Rajkot has held that CSR Expenses, even though not allowed u/s 37 of the Income Tax Act, however, the CSR expenditure is …

Large cash seized from State not where business is carried is unexplained income In a recent judgment, the ITAT Pune has held given the facts, that large amount of cash seized from the assessee at State other than where he carried business can not be accepted as business …

Only undisputed tax liability is to be paid before filing appeal to CIT(A)-ITAT In a recent judgment, ITAT Pune has that objective of section 249(4)(a) is to ensure undisputed tax liability is paid before filing appeal. Self-assessment tax paid as per Return of Income is proper compliance of …

Assessee cannot be asked to prove source of cash deposit made in bank account opened by forgery – ITAT  In a recent judgment, ITAT, Delhi has held that assessee cannot be asked to prove source of cash deposit made in bank account being opened by someone else by …

Expenditure can’t be disallowed because it is not debited in Profit and Loss Account – ITAT  In a recent judgment, ITAT Guwahati has held that only because of expenditure not debited in Profit and Loss it does not disentitle assessee to claim deduction of the said expenditure if …

There is no provision under Income-tax law for making ad-hoc disallowance of sundry creditors – ITAT In a recent judgment, ITAT Surat has quashed ad-hoc addition of creditors holding that there is no provision under Income-tax law for making ad-hoc disallowance of sundry creditors.  ABCAUS Case Law Citation:ABCAUS …

In case of non-filer notice u/s 143(2) not mandatory and notice issued u/s 142(1) is sufficient – ITAT In a recent case, the ITAT Guwahati has held that in case of non-filer notice u/s 143(2) not mandatory and notice issued u/s 142(1) is sufficient ABCAUS Case Law Citation:ABCAUS …

Duty drawback cannot be a part of total turnover and is separately chargeable – ITAT In a recent judgment, the Surat ITAT has held that duty drawback received on export sales cannot be a part of total turnover and is separately chargeable. ABCAUS Case Law Citation:ABCAUS 4025 (2024) …