Category: ITAT
Disallowance u/s 36(1)(va) for delayed EPF deposit. Amendment by Finance Act is prospective – ITAT ABCAUS Case Law Citation ABCAUS 3590 (2022) (05) ITAT Important case law relied referred:Azamgarh Steel & Power vs. CPCCIT vs. AIMIL Ltd. 188 Taxman 265 (Delhi)Vedvan Consultants Pvt. Ltd. vs DCITPCIT vs Pro …
Amendment by Finance Act 2021 for disallowance u/s 36(1)(va) read with u/s 43B retrospective or prospective is debatable & controversial – ITAT ABCAUS Case Law CitationABCAUS 3588 (2022) (03) ITAT Important case law relied referred:CIT vs. Hindustan Electro Graphites Ltd. 243 ITR 0048 (SC)Modern Fibotex India Ltd. & …
Only AO holding charge over an assessee for assessment purposes could issue reassessment notice u/s 148 – ITAT ABCAUS Case Law Citation ABCAUS 3587 (2022) (03) ITAT Important case law relied referred:Lt. Col. Paramjeet Singh vs. CIT (1996) 220 ITR 446Attar Singh & Ors. In the instant case, …
Deduction of annual mixed used charge not allowable from house property income u/s 23(1) of the Income Tax Act 1961 – ITAT ABCAUS Case Law CitationABCAUS 3586 (2022) (03) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the disallowance …
Addition for cash deposit in bank set aside where AO accepted the turnover under presumptive taxation ABCAUS Case Law CitationABCAUS 3584 (2022) (02) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition on account of unexplained cash deposited …
Reassessment proceedings without sending Inspector to serve notice personally or by affixture where notice served by speed post was returned by Postal Authorities ABCAUS Case Law CitationABCAUS 3583 (2022) (02) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the …
Debit entries should also be considered for cash credit entries u/s 68. Credit entries cannot be looked into isolation ignoring debit entries. ABCAUS Case Law CitationABCAUS 3581 (2022) (02) ITAT Important case law relied referred:CIT Vs. Rohini builders 256 ITR 36 In the instant case, the assessee had …
TDS not applicable on payment of bank guarantee commission to bank listed in second schedule to RBI Act as there is no element of agency ABCAUS Case Law CitationABCAUS 3580 (2022) (02) ITAT Important case law relied referred:Kotak Securities Ltd. Vs. DCIT 18 taxmann.com 48 (Mum.) TDS not …
Rejection of books due to admission of assessee being bogus accommodation entry provider is quiet correct – ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the addition on bogus transaction of the assessee. ABCAUS Case Law CitationABCAUS 3579 (2022) …
Education cess not a disallowable expenditure u/s 40(a)(ii) as the amendment proposed by Finance Bill 2022 is yet to take effect – ITAT ABCAUS Case Law CitationABCAUS 3578 (2022) (02) ITAT Important case law relied referred:DCM Shriram Ltd.Chambal Fertilisers and Chemicals Ltd.Sesa Goa LimitedSicpa India Private Ltd.Philips India …
