Tag: ITAT Amritsar

Registration u/s 12A cannot be rejected simply on the basis of mentioning of a wrong section code which is a curable defect – ITAT  In a recent judgment, ITAT Amritsar has held that registration under section 12A cannot be rejected simply on the basis of mentioning of a …

Addition of bogus purchases deleted as opportunity of cross examination was never provided by AO despite assessee’s request In a recent judgment ITAT Amritsar deleted addition of bogus purchases holding that an opportunity of cross examination was never provided by AO despite assessee’s request which would make the …

When books of accounts are rejected and profits are estimated, no separate disallowance can be made on basis of entries in books In a recent judgment, ITAT Amritsar has held that when books of accounts are rejected and gross profit is estimated at a percentage on sales, it …

Enhanced compensation on compulsory acquisition of agricultural land will be treated as income from other sources and not under the head capital gains. In a recent judgment, ITAT Amritsar has held that enhanced compensation on compulsory acquisition of agricultural land will be treated as income from other sources …

Rejecting application for registration u/s 12AB without confronting society with inspector’s report was violation of the principle of natural justice – ITAT In a recent judgment, ITAT Amritsar has held that when inspector’s report was never confronted to the assessee society before rejecting the application for registration u/s …

Undated, unsigned and typed loose sheet of paper are dumb document, could not be taken as the sole basis for determination of undisclosed income In a recent judgment, ITAT Amritsar has held that undated, unsigned and typed loose sheet of paper without witness, without any acceptable narration are …

Land sold by plotting held to be business income not capital gain as the sale was completed within a short period of few months and space was left for streets. In a recent judgment, this was upheld by ITAT Amritsar. Case Law Details: I.T.A No.478(Asr)/2014 Assessment Year: 2010-11 …

Penalty u/s 271(1)(c) not imposable merely because quantum was decided against assessee by ITAT. The assessment proceedings and penalty proceedings are independent proceedings. ITAT Amritsar, in a recent judgment, upheld the deletion of the peanlty when additions were made on estimation basis. Case Law Details : I.T.A No.148 (Asr)/2014 Assessment Year: …

In a recent judgment, Amritsar has held that issue of availability of self owned interest free funds for making disallowance u/s 36(1)(iii) can only be determined by examining the accounts. Case Details: ITA No.66(Asr)/2016 Assessment year:2008-09   M/s. Sehdev Enterprises vs. Income Tax Officer Date of Order/Judgment: 21/04/2016 Brief Facts …

ITAT Amritsar, in a recent judgment, has held that no conclusion of cessation of creditor’s liability u/s 41(1) can be drawn for an entry outstanding in books over the years and not been challenged in the initial year of such entry.  Case Law Details: M/s. Modern Distributors vs. Income Tax Officer …