Category: Judgments
Disallowance on ad-hoc basis not justified without pointing out specific expenses being not incurred wholly and exclusively for business In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining ad-hoc disallowance of 1/5th of the amount of expenditure incurred on account of …
Where ITR is processed u/s 143(1) AO can form reasons to believe that income has escaped assessment by examining the very return and/or document accompanying ITR ABCAUS Case Law CitationABCAUS 3516 (2021) (06) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) …
Activity of running hostel by Dental college not a separate business activity and pre conditions u/s 11(4A) do not apply – High Court In the instant case, the assessee had challenged the order passed by the ITAT holding that in the absence of separate books of accounts, the …
No addition can be made on issues for which case was not reopened. Reassessment quashed as addition made on issues not recorded in reasons. The case of the appellant assessee in this case was when no addition has been made on the issue for which the case was …
NFAC is bound by binding decision of Jurisdictional High Court when AO is situated within territorial and subjective jurisdiction of High court. ITAT urges CBDT to recall all such orders This decision of the ITAT covered four appeals filed by the assessees, feeling aggrieved by the order passed …
CIT exemption cannot sit in appeal against affiliation granted to asseesee by Education Board. Permission examined by board can not be a subject matter of fresh examination by the CIT exemption. ABCAUS Case Law CitationABCAUS 3512 (2021) (06) ITAT In the instant case, the assessee had challenged the …
Non-specific penalty notice u/s 271(1)(c) issued by assessing officer violates mandatory requirement of law and doctrine of prejudice cannot be invoked ABCAUS Case Law CitationABCAUS 3511 (2021) (06) ITAT Important case law relied referred:Mohd. Farhan A. ShaikhRajesh Kumar v. CIT State of Orissa v. Dr. Binapani Dei Dilip …
Addition for undisclosed foreign bank account deleted as the information received in pen drive under DTAC lacked basic essentials of a bank statement. In the instant case, the assessee was aggrieved by the order of the CIT(A) confirming the addition u/s 69 of the Income Tax Act, …
Allowable Cost of construction when only first floor of house was sold as per registry to reduce the stamp duty. ITAT restored the case for fresh determination In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition made by the …
Addition u/s 69A for unexplained cash deposited in bank account of the assessee in excess of his yearly salary income deleted In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the addition made by the Assessing Officer (AO) towards the difference …