Category: Judgments
Rejection of approval u/s 12AA for non filing of return of income set aside. CIT(E) to find if objects of trust are charitable in nature or not ABCAUS Case Law CitationABCAUS 3519 (2021) (07) ITAT Important case law relied referred:Ananda Social & Educational Trust v/s Commissioner of Income …
Supreme Court on postponement of CA exams – Read Court’s Directions on Opt out option The Supreme Court though did not ordered postponement of upcoming CA exams, however directed that opt out option to appear in next exam shall be available to all students. It has been also …
Delay in filing appeal condoned as rectification application u/s 154 was not decided and it constitute a sufficient and reasonable cause ABCAUS Case Law CitationABCAUS 3518 (2021) (06) ITAT In the instant case, the appellant assessee had challenged the order passed by the CIT(A) in dismissing the appeal …
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 …