Category: ITAT
Assessee is eligible for the deduction of the amount embezzled by the employee as a trading loss u/s 28 of the Income Tax Act ABCAUS Case Law Citation:ABCAUS 3103 (2019) (08) ITAT Important case law relied upon by the parties:Dinesh Mills Ltd. 254 ITR 673 The appeal had …
Mere reflection of income in P&L Account does not make it business income. Books of accounts not conclusive evidence to determine income under a particular head ABCAUS Case Law Citation:ABCAUS 3102 (2019) (08) ITAT Important case law relied upon by the parties:Sutlej Cotton Mills Vs. CIT, West Bengal …
Exemption u/s 54F could not be denied for fraud by builder in constructing building without NOC not disclosed to the assessee ABCAUS Case Law Citation:ABCAUS 3101 (2019) (08) ITAT Important case law relied upon by the parties:Kanan Chandra Sekhar vs. ITO, 165 ITD 315Dileep Ranjrekar, 101 taxman.com 104Balkishan …
Allowability of Exemption u/s 54 where new residential property used partly for commercial purposes . ITAT remanded case for verification of the proposition ABCAUS Case Law Citation:ABCAUS 3100 (2019) (08) ITAT Important case law relied upon by the parties:Seema Sabharwala vs. Income Tax OfficerM. Subramanian vs. DCIT i …
Change of opinion not permissible for invoking proceedings u/s 147. ITAT quashed reassessment for payment of managerial remuneration in proprietorship firm ABCAUS Case Law Citation:ABCAUS 3099 (2019) (08) ITAT Important case law relied upon by the parties:CIT v. Kelvinator of India Ltd.: 320 ITR 561(SC) The instant appeal …
Issue of notice u/s 148 by Non jurisdictional AO not valid. Section 292BB not applicable where assessee had already objected the issue before AO ABCAUS Case Law Citation:ABCAUS 3096 (2019) (08) ITAT The instant appeal filed by the assessee was directed against the order of CIT(A). The assessee …
Revision u/s 263 upheld as AO failed to initiate penalty proceedings u/s 271(1)(c) where assessee increased income in revised return filed u/s 148 ABCAUS Case Law Citation:ABCAUS 3091 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:CIT v. Bhikaji Dadabhai and Co. 42 ITR 123ACIT vs. …
Deduction u/s 80JJAA There is no requirement of atleast 100 new workmen to be employed to claim deduction ABCAUS Case Law Citation:ABCAUS 3090 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Panacea Biotec Ltd. Vs. ACIT 122 ITD 199 The instant appeal by the Assessee was …
TDS return filed late cannot be declared non est in law. Like income tax return no such provision exits declaring a return of TDS filed beyond time invalid ABCAUS Case Law Citation:ABCAUS 3088 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Fatehraj Singhvi v. UOI 73 …
Insistence of tax authorities to produce a written Agreement to Sell was arbitrary perverse and unreasonable when Law permits oral agreements. There is no law that cash withdrawn from bank cannot be held in cash. ITAT accepts cash deposits out of withdrawals made 4 months earlier ABCAUS Case …