Category: ITAT
Filing Income Tax Form with scanned signature held only procedural defect and curable in nature. ITAT allowed Form 35A filed with DRP. ABACUS Case Law CitationABCAUS 3353 (2020) (08) ITAT Important case law relied upon by the parties:MSM Satellite (Singapore) Pvt. Ltd. vs. JDIT In the instant case, …
Delay in Appeal against TDS CPC order downloaded after two years condoned as the order was never served on assessee ABACUS Case Law CitationABCAUS 3352 (2020) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the late fee for …
No disallowance for bogus purchase when there is one to one reconciliation of purchase with sales – ITAT ABACUS Case Law CitationABCAUS 3349 (2020) (07) ITAT Important case law relied upon by the parties:Indian Woolen Carpet Factory v. ITAT (2003) 260 ITR 658 (Raj.) (HC)ITO vs. M/s. Super …
Mere TDS deduction not decisive factor to treat payment received as income of the assessee ABCAUS Case Law Citation:ABCAUS 3347 (2020) (07) ITAT Important case law relied upon by the parties:CIT vs. Panbari Tea Company Ltd. (1965) 57 ITR 422(SC)Win Chadha vs CIT (International Taxation)Sumati Dayal vs. CIT …
Cash withdrawal to be considered as source of cash deposited in bank after deduction for reasonable household expenses – ITAT ABCAUS Case Law Citation:ABCAUS 3346 (2020) (07) ITAT In the instant appeal, the assessee had challenged the order of CIT(A) in confirming addition made by the Assessing Officer …
Addition based on statement recorded deleted as witness did not appear for cross examination on Departments notice ABCAUS Case Law Citation:ABCAUS 3345 (2020) (07) ITAT Important case law relied upon by the parties:Kishanchand Chellaram 125 ITR 713 (SC)Andaman Timber Industries 281 CTR 214 (SC The Assessee had challenged …
Disallowance u/s 40A(2)(b) AO has to form opinion if expenses more than FMV according to legitimate needs of business. ABCAUS Case Law Citation:ABCAUS 3344 (2020) (07) ITAT Important case law relied upon by the parties:Flour Mills Vs. ACIT (2009) 314 ITR 1 (Guj.)CIT Vs. Shatrunjay Diamonds (2003) 261 …
Assessee not permitted to change head of income as per his own sweet will and convenience. ITAT upheld addition following consistency rule ABCAUS Case Law Citation:ABCAUS 3341 (2020) (07) ITAT Important case law relied upon by the parties:Chennai Properties & Investments Ltd. v/s CIT, 373 ITR 673 (SC)Rayala …
Concealment Penalty cannot be levied on rejection of a bonafide claim. Even assessee with great expertise could make silly mistake ABCAUS Case Law Citation:ABCAUS 3337 (2020) (07) ITAT Important case law relied upon by the parties:Price Waterhouse Coopers (P) Ltd vs. CIT 348 ITR 306 SCCIT vs. Somany …
Services of web promotion, social media management held not liable to withholding tax u/s 195 as per the provisions of the DTAA ABCAUS Case Law Citation:ABCAUS 3335 (2020) (07) ITAT Important case law relied upon by the parties:ITO vs. B. A. Research India Pvt. Ltd.ITO vs. Cadila Health …
