Category: ITAT

When revisionary order u/s 263 was quashed, consequential assessment order passed by AO cannot survive – ITAT In a recent judgment, ITAT Raipur has held when the order passed by the Pr. CIT u/s 263 was quashed by the Tribunal, the consequential assessment order passed by the A.O …

CIT must hold bare minimum inquiry before passing revisionary order u/s 263. The words “as he deems necessary”, do  not mean that PCIT has a choice either to make or not to make an enquiry. In a recent judgment, ITAT Chandigarh has held that it is incumbent upon …

Validity of assessment u/s 144/147 can be challenged in rectification Petition u/s 154 – ITAT In a recent judgment, ITAT Mumbai has held that validity of assessment order u/s 144/147 can be challenged in rectification Petition u/s 154 when there is a mistake apparent from record but also …

Bonafide belief that TDS was deducted and no additional tax was payable accepted by ITAT In a recent judgment, ITAT Mumbai has held that the submissions of the assessee, that she was under a bonafide belief that the tax at source was deducted properly and no additional tax …

With passing of order u/s 143(3) intimation u/s 143(1) got merged with the same and independently lost its force – ITAT  In a recent judgment, ITAT Delhi has held that when order under Section 143(3) is passed by the AO, the order of intimation under Section 143(1) of …

Technical defects can not be ignored in era of e-filing, AO was directed to consider revised Audit Report in Form 10CCB  In a recent judgment, ITAT Guwahati has held that technical defects can not be ignore in this new era of e-filing, Assessing Officer was directed to consider …

CPC not justified in disallowing deduction u/s 80JJAA when Audit Report was available on the date of processing the return – ITAT  In a recent judgment, ITAT Pune has held that CPC was not justified in disallowing deduction u/s 80JJAA when Audit Report though filed belatedly, was available …

Notice issued u/s 148 invalid if not signed digitally or manually by Assessing Officer – ITAT  In a recent judgment, ITAT Kolkata quashed the assessment order u/s 147 as the notice  issued u/s 148 was invalid as it did not bear the signature of Assessing Officer either digitally …

Interest paid on borrowed funds utilized for investment in group companies for strategic business purpose with commercial expediency cannot be disallowed u/s 36(1)(iii) – ITAT In a recent judgment, ITAT Chennai has held that interest paid on borrowed funds utilized for investment in group companies for strategic business …

Penalty u/s 271E can not be imposed on cash repayment of advances treated as unexplained cash credits. In a recent judgment, the ITAT Nagpur has held Penalty u/s 271E can not be imposed on cash repayment of advances treated as unexplained cash credits. Any repayment of such alleged …