Category: ITAT

Cash deposited in bank before giving unsecured loan. The addition if at all can be made u/s 69A in the hands of loan creditor and not u/s 68 in the hands of receiver. In a recent judgment, ITAT Raipur has held where loan creditor deposited cash just before …

Addition u/s 68 deleted as there was no cash trail, rotation of funds, or incriminating evidences, no enquiry conducted into records furnished by assessee In a recent judgment, ITAT Guwahati has deleted addition of unexplained cash credit u/s 68 as there was no cash trail, rotation of funds, …

In case of re-allotment of flat by builder, stamp duty valuation would be with reference to date of booking of original flat. In a recent judgment, ITAT Mumbai has held that when another flat was allotted by the builder in place of original booking, stamp duty valuation should …

When information contained in loose papers not corroborated with assessee, there is absolutely no room for presumption that it belongs to the assessee. In a recent judgment, ITAT Agra has held that information contained in loose papers if not corroborated with the assessee, there is absolutely no room …

Amount of Rs. 6 lakh claimed to have been received as gift from parents in law not an excessively or unreasonably high amount – ITAT In a recent judgment, ITAT Lucknow has held that amount of Rs. 6,00,000/- claimed by assessee to have been received as gift from …

Conducting courses in gemmology, jewellery arts, jewellery design amounts to imparting of education entitling assessee benefit of exemption u/s 11 of the Income Tax Act. In a recent judgment, ITAT Mumbai has held that conducting courses in the field of gemmology, applied jewellery arts, jewellery design and manufacturing …

Penalty u/s 271B is not attracted in a case where books of account have not been maintained In a recent judgment, ITAT Allahabad has held that penalty under section 271B of the Income Tax Act, 1961 is not attracted in a case in which books of account have …

Penalty u/s 270A quashed as there was no satisfaction in the penalty order on what exactly was under reporting of income and what was misreporting of income by the assessee In a recent judgment, ITAT Raipur deleted penalty under section 270A observing that there was no satisfaction brought …

When AO invoked provisions of section 37(1) to disallow purchases, provisions of section 69C of the Act are not applicable In a recent judgment, ITAT Delhi has held that when AO did not raise any doubts about the source of such purchases but invoked the provisions of section …

ITAT refuses to accept opening cash as source of cash deposit as assessee was not subject to audit and cash book was just a self-servicing document In a recent judgment, ITAT Rajkot has declined to accept the opening cash as source of cash deposit holding that assessee was …