Category: Judgments
Disallowance 40(A)(3) for cash payment deleted when payee was new. When genuiness of payment not doubted there was every possibility that party refused to cheques / Demand draft – ITAT ABCAUS Case Law Citation ABCAUS 2372 (2018) 06 ITAT During the course of the assessment proceedings, the Assessing …
Partners Salary and interest not disallowable when assessment u/s 143 is made in the manner laid down u/s 144 by rejecting books of account by invoking the provisions of section 145(3) of the Income Tax Act, 1961 ABCAUS Case Law Citation ABCAUS 2371 (2018) 06 ITAT The assessee …
Service of Income Tax notice to assessee in jail should be through Superintendent of the jail. High Court quashed order passed u/s 179 and 230 of Income Tax Act ABCAUS Case Law Citation ABCAUS 2370 (2018) 06 HC The instant writ was filed by the petitioner against the …
Assessment done by CIT-OSD promoted on situ basis upheld. Contention was that CIT could not be Assessing Officer u/s 2(7A) of Income Tax Act ABCAUS Case Law Citation ABCAUS 2369 (2018) 06 ITAT The instant appeal was filed by the assessee challenging the order passed by the CIT(A) …
Return filed with wrong jurisdiction cannot be considered for deciding the validity of reopening u/s 148 as AO’s belief is based on material available with him – ITAT ABCAUS Case Law Citation ABCAUS 2368 (2018) 06 ITAT The instant appeal was filed by the assessee challenging the order …
Depreciation allowed when asset was not used for a single day during the year due to seizure by bank for loan default – ITAT followed law settled by High Courts ABCAUS Case Law Citation ABCAUS 2367 (2018) 06 ITAT The instant appeal was preferred by the Income Tax Department …
DVO valuation of property occupied by tenants with court cases going under Rent Control Act set aside by the ITAT as the objections were dealt with by the DVO ABCAUS Case Law Citation ABCAUS 2366 (2018) 06 ITAT The instant appeal was preferred by the assessee against the …
Mentioning PAN in place of TAN in TDS challan-Assessee should not be penalized or punished for technical mistakes when there is no loss to Revenue – ITAT ABCAUS Case Law Citation ABCAUS 2365 (2018) 06 ITAT The instant appeal was preferred by the Income Tax Officer (ITO/Assessing Officer) …
RBI penalty for clerical mistakes not disallowable u/s 37. The genuine clerical mistake cannot be treated as an offense under the Banking Regulations Act – ITAT ABCAUS Case Law Citation ABCAUS 2364 (2018) 06 ITAT The instant appeal was preferred by the assessee against the order of the …
Reopening notice u/s 148 void if original assessment pending in appeal. ITAT quashed notice where proceedings u/s 153A were pending before CIT(A) ABCAUS Case Law Citation ABCAUS 2363 (2018) 06 ITAT The instant appeal was preferred by the assessee against the order of the Commissioner of Income Tax …