Category: Judgments

Assessee claimed a third party fraudulently filed his return – ITAT remands case to prove it In a recent judgment, the ITAT has remanded the case to provide an opportunity to the assessee to establish that third party fraudulently filed his return of income using his PAN. ABCAUS …

ITAT allows commission expenses in connection with sale of property despite no written agreement ITAT allows commission expenses as deduction from capital gain in connection with transfer of property despite no written agreement  In a recent judgment, the ITAT has allowed commission expenses in connection with transfer of …

Reopening order u/s 148A(d) quashed as correct amount of cash deposit in bank was less than Rs. 50 lakhs In a recent judgment, the Hon’ble High Court of Punjab and Haryana has quashed the re-assessment order u/s 148A(d) issued after three years as correct amount of cash deposit …

The AO not authorized to stretch the published census population to an imaginary figure – ITAT In a recent judgment, the Hon’ble ITAT has deleted addition made by AO treating the agricultural land as Capital Asset held that AO is not authorized to stretch published census population to …

High Court stays re-assessment proceedings as order u/s 148A(d) was passed ignoring objection of assessee. High Court stays re-assessment proceedings notice u/s 148 and order u/s 148A(d) was passed by the AO ignoring the objections raised by the assessee. In a recent judgment, the Hon’ble Allahabad High Court …

Disallowance u/s 40(A)(2)(b) – Onus is on Assessing Officer to made comparable study  In a recent judgment, ITAT has deleted disallowance u/s 40(A)(2)(b) towards payments to related parties and held that onus is on Assessing Officer to made comparable study to show unreasonableness ABCAUS Case Law Citation:ABCAUS 3937 …

When no cash involved in transaction, Section 68 treating it unexplained cash credit not attracted  When there was no cash involved in the transaction of allotment of shares, the provisions of Section 68 of the Act treating it as unexplained cash credit are not attracted – ITAT In …

Provisions of section 69 not applicable on the profit from trading of speculative Transactions In a recent judgment, ITAT has held that provisions of section 69 of the Income Tax Act, 1961 (the Act) not applicable on the profit from trading of speculative Transactions, hence higher rate of …

Capital gain exemption u/s 54F denied as new house was in the name of husband In a recent judgment, ITAT has held that capital gain exemption u/s 54F was not allowable as the new house was in the sole name of husband and was purchased out of bank …

Mere placing notice on e-filing portal of Income tax not in accordance with income tax provisions – ITAT In a recent judgment, ITAT has held that mere placing a notice on e-filing portal of Income tax not in accordance with income tax provisions ABCAUS Case Law Citation:ABCAUS 3933 …