Tag: petition u/s 154
Rectification application u/s 154 for claim of leave salary encashment exemption u/s 10(10AA) dismissed as barred by limitation In a recent judgment, ITAT has dismissed a plea for claim for leave salary encashment exemption u/s 10(10AA) as the rectification application u/s 154 was made nearly after eight years. …
Non-issuance of the notice u/s 154(3) is a procedural irregularity. ITAT directs AO to issue notice and give opportunity ABCAUS Case Law Citation:ABCAUS 3812 (2023) (10) ITAT Important Case Laws relied upon by parties:Chockalingam & Meyyappan Vs. CIT (1963) 48 ITR 34 In the instant case, the assessee …
Credit for TCS made in the hands of partner allowed to partnership firm. If ultimate conclusion on application u/s 154 can only be one particular conclusion then it can be said that the issue is debatable – ITAT ABCAUS Case Law Citation: ABCAUS 3658 (2023) (02) ITAT Important …
For typographical error assessee has to invoke Section 154 not Appellate Jurisdiction to rectify mistakes committed during assessment proceedings – ITAT ABCAUS Case Law CitationABCAUS 3626 (2022) (12) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the additions. The …
Period of limitation against rectification order can not be counted from the date of assessment order ABCAUS Case Law CitationABCAUS 3403 (2020) (10) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in dismissing the appeal of the assessee merely on the …
Withdrawal of deduction u/s 54/54F beyond scope of rectification u/s 154. AO has no jurisdiction to re-appreciate evidences already considered. ABCAUS Case Law Citation:ABCAUS 3294 (2020) (04) ITAT Important case law relied upon by the parties:T.S. Balaram, Income Tax Officer vs Volkart Brothers & Ors, 82 ITR 50 …
Income wrongly declared in ITR by mistake cannot be taxed because assessee has not earned it. There is no provision in the Act to do so. ABCAUS Case Law Citation: ABCAUS 3052 (2019) (07) ITAT The instant appeal was filed by the assessee against the order of the …
Addition u/s 40(a)(ia) in rectification proceedings u/s 154 upheld as question of second proviso being prospective was not debatable in view of jurisdiction High Court decision ABCAUS Case Law Citation: ABCAUS 2983 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: CIT vs. Ansal Landmark Townships …
Rectification order u/s 154 quashed due to doctrine of merger. Questions expressly decided by appellate/revisional authority cannot be reagitated u/s 154 ABCAUS Case Law Citation: ABCAUS 2886 (2019) (04) ITAT Important Case Laws Cited/relied upon by the parties Rajputana Mining Agencies & others vs ITO (1979) 118 ITR …
Disallowance of 80IB deduction by passing rectification order u/s 154 quashed as AO took a conscious and considered view to allow deduction which was not mistake apparent – ITAT ABCAUS Case Law Citation: ABCAUS 2654 (2018) (11) ITAT Important Case Laws Cited/relied upon: CIT vs. Krishak Bharti Co-operative …
