Category: ITAT
Revision u/s 263 to make additions substantively instead of protectively not sustainable – ITAT ABCAUS Case Law Citation ABCAUS 3631 (2023) (01) ITAT In the instant case, the assessment was framed pursuant to search action u/s 132. The Assessing Officer (AO) made additions on protective basis in the …
Disallowance u/s 40A(3) for Cash Payments out of Business expediency deleted by ITAT following Supreme Court judgment ABCAUS Case Law CitationABCAUS 3629 (2023) (01) Important Case Laws relied upon:Attar Singh Gurumukh Singh vs. ITO Ludhiana 1991 AIR 2109 (SC) In the instant case, the assessee had challenged the …
IT support services do not satisfy make available test under India-UK DTAA ABCAUS Case Law CitationABCAUS 3627 (2022) (12) ITAT Important Case Laws relied upon:CIT Vs. Guy Carpenter & Co. Ltd 254 CTR 243H.J. Heinz CompanyDe Beers India Minerals Limited 346 ITR 467Mitsubishi Electric India Ltd ITA No. …
For typographical error assessee has to invoke Section 154 not Appellate Jurisdiction to rectify mistakes committed during assessment proceedings – ITAT ABCAUS Case Law CitationABCAUS 3626 (2022) (12) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the additions. The …
Relinquishing ESOP right accrued are taxable as capital gains not profits in lieu of salary u/s 17(3)(iii) – ITAT ABCAUS Case Law Citation ABCAUS 3625 (2022) (12) ITAT Important Case Laws relied upon:CIT vs. Sarangpur Cotton Manufacturing Co. Ltd., 6 ITR 36CIT vs. A. Krishnaswami Mudaliar & Ors. …
Assessee’s time cannot be taken for granted by Income Tax Department. Assessee can not be made to appear before the tax authorities again and again ABCAUS Case Law Citation ABCAUS 3624 (2022) (12) ITAT Important Case Laws relied upon:Alkaben B. Patel vs. ITO43 Taxmann.com 333 (Ahm)Sujatha Ramesh vs. …
Investor companies having low income and assets in the form of investments have been created through rotation of money in between the group companies not enough ground to prove that any unaccounted money of the assessee has been introduced in the assessee company warranting addition under section 68 …
Issues already considered by CIT(A) in his order, cannot be again a subject matter of revision by Pr CIT u/s 263 ABCAUS Case Law Citation ABCAUS 3622 (2022) (12) ITAT Important Case Laws relied upon:Southern Motors vs State of Karnataka (2017) 3 SCC 467 (SC) In the instant …
Penalty u/s 271(1)(b) quashed as notice u/s 142(1) issued but no finding was as to if it was served on assessee. ABCAUS Case Law Citation ABCAUS 3613 (2023) (10) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming penalty u/s …
When appeal is pending before CIT(A), revisionary jurisdiction u/s 263 can not be exercised – ITAT ABCAUS Case Law CitationABCAUS 3612 (2022) (09) ITAT Important Case Laws relied upon by parties Smt. Renuka Philip vs. ITO 409 ITR 567 (Mad)CIT vs. Vam Resorts and Hotels Pvt. Ltd. 418 …
