Category: ITAT

For claiming exemption u/s 11, assessee is required to furnish return of income within time allowed u/s 139 and not u/s 139(1) of the Act – ITAT In a recent judgment, ITAT Pune has held that for claiming exemption u/s 11, assessee is required to furnish the return …

Accounting principles and provisions of law do not permit the addition in relation to an opening balance – ITAT In a recent judgment, ITAT Lucknow has held that accounting principles and provisions of law do not permit the addition in relation to an opening balance. Adverse reference, if …

Penalty levied for late supply of goods is an allowable deduction u/s 37 as late supply neither a crime nor a prohibited activity – ITAT In a recent judgment, ITAT Delhi has deleted addition made u/s 37 of Income Tax Act on account of penalty due to late …

In the absence of objection by donors to receipts mentioning that donations were towards corpus, it is assumed that donations were towards the corpus of the trust – ITAT In a recent judgment, ITAT Ahmedabad has held that when receipts categorically mentioned the fact of the donation having …

Credit in assessee’s capital account consequent to book entry adjustments in the books of the partnership firm can not be added u/s 68 – ITAT In a recent judgment, ITAT Mumbai has deleted addition under section 68 of the Income Tax Act holding that credit in the assessee’s …

Non-compliance of summons issued u/s 131 by investing companies is no ground to make addition under section 68 of the Income Tax Act In a recent judgment ITAT Ranchi has held that mere non-compliance of summons issued u/s 131 of the Act and non production of the directors …

Assessee not obliged to demonstrate actual utilization of donation u/s 35(1)(ii) for scientific research made to an eligible institution In a recent judgment, ITAT Mumbai has held that Assessing Officer’s premise that the assessee must demonstrate actual utilization of the donation for scientific research betrays a fundamental misapprehension …

Phrase “genuineness of activities” has been interpreted liberally by various judicial forums including the ITAT and High Courts – ITAT In a recent judgment, ITAT Jodhpur has held that the phrase “genuineness of activities” has been interpreted liberally by various judicial forums including the ITAT and High Courts, …

Business decisions such as withdrawal and redeposit of cash fall within the domain of commercial expediency and AO cannot substitute his own business judgment In A Recent judgment, ITAT Agra has held that business decisions such as withdrawal and redeposit of cash, timing of payments to creditors, or …

Assessee duty bound to deduct TDS u/s 194I and 194J of the Act on the provisions for rent and professional fees made in the accounts In a recent judgment, ITAT Surat has held that, the assessee duty bound to deduct TDS under section 194I and 194J of the …