Category: ITAT

Transit rent paid to tenant who suffers hardship due to dispossession does not fall within the definition “rent” under section 194I – ITAT  In a recent judgment, the ITAT Mumbai has held that transit rent paid to tenant who suffers hardship due to dispossession does not fall within …

Size of the residential house is not a criteria for claiming exemption u/s 54F – ITAT  In a recent judgment, the ITAT Delhi has held that size of the residential house is not a criteria for claiming exemption u/s 54F ABCAUS Case Law Citation:ABCAUS 4065 (2024) (06) ITAT …

Net Profit rate of 8% not applicable for audit case. Net Profit rate of 6% is reasonable for business of civil construction – ITAT In a recent judgment, the ITAT Patna has held that though in the non-audit case, Net Profit rate of 8% is considered as fair …

Change in explanation of assesseee due to change of council cannot be summarily brushed aside – ITAT  In a recent judgment, the ITAT Raipur has held that the claim that explanation regarding the source of cash deposits in the assessee’s bank account as was advanced before the AO …

Agricultural income can not be doubted merely for not paying agricultural cess to Krishi Upaj Mandi – ITAT In a recent judgment, the ITAT Jodhpur has held that the agricultural income can not be disbelieved merely for not paying agricultural cess to Krishi Upaj Mandi ABCAUS Case Law …

Late fee on TDS payments and payment of interest on GST is allowable expenditure u/s 37 of the Income Tax Act – ITAT  In a recent judgment, the ITAT Chennai has held that late fee paid on TDS payments and interest on late payment of GST is allowable …

Deduction u/s 54F despite assessee owning more than two house properties made order erroneous and prejudicial – ITAT In a recent judgment, the Mumbai ITAT has upheld the revisionary order u/s 263 where Assessing Officer (AO) allowed deduction u/s 54F despite assessee owning more than two house properties. …

Cash deposit in bank account belonging to HUF can not be added to the income of individual assessee – ITAT  In a recent judgment, the ITAT Raipur has deleted addition u/s 69A holding that cash deposit in bank account belonging to HUF and disclosed in the return of …

There is no under reporting of income when tax paid u/s 115JB is more than normal tax – ITAT  In a recent judgment, the ITAT Delhi has deleted penalty u/s 270A(9) holding that there is no underreporting of income when tax is paid on deemed MAT income u/s …

Cash deposit in bank – AO duty bound to show cash earlier withdrawn was spent – ITAT In a recent judgment, the ITAT has deleted addition u/s 69A for cash deposit in bank holding that AO is duty bound to conduct enquiry to show that cash earlier withdrawn …