Category: ITAT

Exemption u/s 54F allowed holding that assessee was owner of only one house at the time of transfer and became owner of second house property only after mutation In a recent judgment, ITAT Delhi has allowed capital gain exemption u/s  54F holding that assessee was owner of only …

Assessment quashed as the return of income was filed by the assessee was above Rs.10 lacs, for which, the jurisdiction vested only with the DCIT/ACIT and not with ITO. In a recent judgment, ITAT Raipur quashed assessment as the return of income was filed by the assessee above …

Uncorroborated WhatsApp message, in the absence of any independent supporting evidence, cannot constitute a valid basis for initiating proceedings under section 153C of the Act – ITAT In a recent judgment, ITAT Mumbai deleted addition under section 69A of the Act on account of alleged cash received over …

Exemption u/s 54F allowed by ITAT holding that investment in purchase of plot in the name of the spouse and their respective shares is immaterial In a recent judgment, ITAT Chennai has allowed exemption u/s 54F observing that entire investment in purchase of plot is in the name …

Addition u/s 68 deleted as identity of loan givers established and assessee was not beneficiary as loan was repaid in subsequent year. In a recent judgment ITAT Mumbai deleted addition under section 68 as the  assessee had furnished requisite material showing identity of loan givers and assessee was …

Joining lands and entering development agreement amounted to business as owners who were brother were also directors in the builder company In a recent judgment, ITAT Jodhpur has held that activity of joining the lands and constructing houses thereon amounted to adventure in the nature of trade as …

The deductor not required to act as an investigator or auditor to conduct any factual verification of the transporter’s declarations under section 194C(6)   In a recent judgment, ITAT Chandigarh has held that provisions of section 194C(6) did not require the deductor to examine balance sheets, registration certificates, …

Non furnishing of reasons recorded for reopening of assessment despite assessee asking the same, the reassessment order bad in law. In a recent judgment, ITAT Delhi held that where reasons recorded were not furnished for reopening of assessment even when assessee sought for the same, the reassessment order …

When search u/s 132 was not conducted at the registered address of the assessee company, proceeding u/s 153A can not be initiated on the assessee. In a recent judgment, ITAT Delhi has held that when search u/s 132 was not conducted at the registered address of the assessee …

No disallowance merely because of self-made vouchers for expenses when such expenses are common in the kind of business done by the assessee – ITAT In a recent judgment ITAT Bangalore has held that disallowance merely because of self-made vouchers for expenses is not correct when such expenses …