This weekly round-up analytically summarizes the key stories related to the Income Tax Appellate Tribunal (ITAT) reported at Taxscan.in during the previous week from June 1 to June 10, 2022.
Shri Kapil Jhalani vs Jt. CIT , 2022 TAXSCAN (ITAT) 744
The Income Tax Appellate Tribunal (ITAT) Delhi bench, has held that no law mandates a written agreement to prove the commission expenses under the provisions of the Income Tax Act, 1961.
Mohammedarif Ibrahimbhai vs ITO, 2022 TAXSCAN (ITAT) 748
The Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that non-issue of proper show-cause notice can be fatal to the proceedings under the Income-tax Act.
Surinder Kaur Sethi vs ACIT , 2022 TAXSCAN (ITAT) 745
Income Tax Appellate Tribunal (ITAT), Delhi bench upholds addition of Long term Capital Gain (LTCG) on the ground that affidavit filed by Assessee is vague and non-descript has no Evidentiary Value.
Jitendra Kumar Nahata vs The Jt. Commissioner of Income-tax , 2022 TAXSCAN (ITAT) 743
The Income Tax Appellate Tribunal (ITAT), Bangalore Bench has held that the Claim of deduction under section 80IA of IncomeTax Act 1961 cannot be disallowed only for the omission of From NO.10CCB within the due date while the revised return was filed within due date.
Dy. Commissioner of Income Tax vs Credit Suisse (Singapore) Ltd, 2022 TAXSCAN (ITAT) 747
The Income Tax Appellate Tribunal (ITAT), Mumbai bench consisting of Pramod Kumar, Vice President, and Sandeep Singh Karhail, Judicial Member held that Off-Shore Distribution Income is not Taxable from the hands of Non-Resident who did not Carryout Business in India.
Gujarat Goods Service vs The Income Tax Officer, 2022 TAXSCAN (ITAT) 701
The Mumbai Bench of Income Tax Appellate Tribunal ( ITAT ) has deleted disallowance and holds that in the goods transport business it is not always possible to show the veracity of expenses completely.
Rajendra Venkat Reddy vs DCIT, 2022 TAXSCAN (ITAT) 741
The Pune Bench of Income Tax Appellate Tribunal ( ITAT ) has held that penalty u/s 271 will not sustain when AO failed to specify inaccurate particulars of income found.
M/s. Mhetre packaging Pvt. Ltd vs ACIT, 2022 TAXSCAN (ITAT) 740
The Pune Bench of Income Tax Appellate Tribunal ( ITAT ) has held that late fees u/s 234E can’t be levied for the default committed after the insertion of section 200A(1)(c) of the Amendment by the Finance Act 2015.
The Bheemunipatnam Mutually Aided Cooperative Building Society Ltd vs Income Tax Officer (TDS), 2022 TAXSCAN (ITAT) 742
The Visakhapatnam Bench Income Tax Appellate Tribunal (ITAT) has held that the provision mandating furnishing of PAN with E-TDS has an overriding effect and upholds the applicability of section 206AA of Income Tax Act 1961, on payments made under an oral agreement.
Anil Govindrao Hotwar vs ITO ,2022 TAXSCAN (ITAT) 739
The Pune Bench of Income Tax Appellate Tribunal ( ITAT ) has held that income of hire charges can’t be earned without incurring expenditure and disallowance of whole expenditure will not sustainable.
M/s. Jaya Publications vs DCIT, 2022 TAXSCAN (ITAT) 738
The Income Tax Appellate Tribunal (ITAT), Chennai bench has allowed a depreciation claim under section 32 of the Income Tax Act, 1961 by observing that the purchase of 120 computers by the assessee-Publisher cannot be treated as for personal use.
M/s. Sasi Enterprises vs DCIT, 2022 TAXSCAN (ITAT) 737
The Chennai bench of the Income Tax Appellate Tribunal (ITAT) has recently deleted an addition in respect of receiving refund of advance paid by the assessee under a sale agreement in installments.
Agarwal Print Media vs Income-tax Officer, 2022 TAXSCAN (ITAT) 736
The Delhi Bench of Income Tax Appellate Tribunal has held that Assessing Officer fails to point out on which bills and vouchers disallowance is made and deletes estimated addition.
Mihir Madhavrao Suryawanshi vs ITO, 2022 TAXSCAN (ITAT) 735
The Pune Bench of Income Tax Appellate Tribunal ( ITAT ) has held that penalty u/s 271 alone will not stand after deletion 54F disallowance.
Swaminath N. Patil vs The Ward 2(5) Solapur, 2022 TAXSCAN (ITAT) 734
While delivering another assessee-friendly ruling, the Income Tax Appellate Tribunal (ITAT), Pune bench has condoned a delay in filing audit report since the Accountant of the assessee was undergoing medical treatment.
Thermon Heat Tracers Pvt. Ltd. vs Jt. Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 733
The Income Tax Appellate Tribunal (ITAT), Pune bench has allowed the expenses paid through cheques based on the self-made voucher allowable as deduction under the Income Tax Act, 1961 as the same was incurred for business purpose.
Adani Petronet (Dahej) Port Pvt. Ltd vs The Dy. Commissioner of Income-tax, 2022 TAXSCAN (ITAT) 732
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) comprising Shri P M Jagtap, accountant member and Shri Siddhartha Nautiyal, Judicial member has held that foreign exchange derivative losses can be allowed for deduction as it is notional loss and upheld the order allowing the claim of deduction by the assessee company Adani Petronet.
Interglobe Entreprises Pvt. Ltd. vs Assistant Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 731
The Income Tax Appellate Tribunal (ITAT), Delhi bench comprising Shri Saktijit Dey, Judicial Member & Shri Pradip Kumar Kedia, Accountant Member has allowed TDS credit to the assessee in the assessment year when the credit accrued subject to conditions that the assessee had not claimed the same in the past years and shall submit an affidavit stating that such credit claimed in Assessment Year 2016-17 shall not be doubly claimed in any other assessment year in future based on form 26AS or any other document.
Global Healthline Pvt. Ltd vs ITO, 2022 TAXSCAN (ITAT) 730
The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that TDS under section 194H of the Income Tax Act, 1961 is not applicable to the amount of commission paid to a credit card company.
Dy.Commissioner of Income Tax vs M/s.Hyderabad Educational Institutions Pvt. Ltd. 2022 TAXSCAN (ITAT) 729
The Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) has held that the income tax is leviable on the amount of tuition fee in the year when the corresponding services are made. A division bench of the ITAT comprising f K. Narasimha Chary (Judicial Member) and Rama Kanta Panda (Accountant Member), observed that though the tuition fee was received by the assessee in the last quarter of a financial year, the corresponding service was rendered by the assessee in the next quarter which fell in the next financial year. The ITAT ruled that income accrues only when the services are rendered and not when the promise for rendering the services is made.
Tata Sponge Iron Limited vs Dy. Commissioner of Income tax, 2022 TAXSCAN (ITAT) 678
The Cuttack Bench of Income Tax Appellate Tribunal ( ITAT ) has disallowed deduction u/s 80 IA since income from eligible unit not shown in gross total income.
Turner Broadcasting System Asia Pacific Inc vs DCIT, 2022 TAXSCAN (ITAT) 728
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) comprising of Shri Shamim Yahya, accountant member and Shri C M Garg, Judicial member has held that TDS credit can be claimed from the country in which the related income was taxed.
Himanshu L. Shethia (HUF) vs ITO, 2022 TAXSCAN (ITAT) 724
The Ahmedabad Bench of Income Tax Appellate Tribunal has directs to adopt peak calculation method to compute profit from unaccounted cash sales and remand matter back to AO.
Harish Aswal vs DCIT, 2022 TAXSCAN (ITAT) 721
The Delhi bench of Income Tax Appellate Tribunal has held that lower authorities not properly appreciated or verified documents adduced by assessee and restores matter to CIT(A) for fresh consideration.
Kiritkumar Fakirchand Mehta vs A.C.I.T, 2022 TAXSCAN (ITAT) 723
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) consisting of Shri Waseem Ahmed, accountant member and Ms Madhumita Roy, Judicial member has held thatinaccurate particulars of income must be coupled with circumstantial evidence and set aside the penalty u/s 271(1)(c).
Chirag M. Shah vs ITO, 2022 TAXSCAN (ITAT) 720
The Ahmedabad Bench of Income Tax Appellate Tribunal ( ITAT ) has held that Credit of TDS deducted by clients before actual payment in earlier years can be adjusted against the total taxable amount payable u/s 199 r/w Rule 37BA.
City Manager Association vs DCIT, 2022 TAXSCAN (ITAT) 717
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) comprising Shri Annapurna Gupta, AM and Shri T R Senthil kumar, JM has held that adjustment u/s 143(1)(a) is not permissible on a debatable issue.
Pur Opale Creations Ltd. vs DCIT, 2022 TAXSCAN (ITAT) 725
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) consisting of Shri Pramod M Jagtap, vice president and Ms Madhumita Roy, Judicial member has held that misdeclaration of capital loss as business loss does not lead to concealments of income and penalty u/s 271(1)(c) was not sustainable.
Shri Sanjeev Gajendra Pancholi vs ITO, 2022 TAXSCAN (ITAT) 722
The Ahmedabad Bench of Income Tax Appellate Tribunal has held that no new evidence was furnished to establish the genuineness of the gift received and upheld the addition made u/s 68
Kintukumar Ambalal Patel vs Dy. Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 719
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that limited scrutiny can be changed to the regular assessment with the approval of the competent authority
Chandresh Luniya vs I.T.O, 2022 TAXSCAN (ITAT) 718
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) comprising Shri Waseem Ahmed, accountant member and Shri Siddhartha Nautiyal, Judicial member has held that addition made on undisclosed income can sustain in the absence of evidence.
KLM Royal Dutch Airlines vs DCIT, 2022 TAXSCAN (ITAT) 702
The Delhi Bench of Income Tax Appellate Tribunal ( ITAT ) upholds decision CIT (A) and held that profits from providing technical services to other airlines is covered under Double Taxation Avoidance Agreement (DTAA) and not liable to tax in India.
Smt. Bikkina Savitri Devi vs Income Tax Officer, 2022 TAXSCAN (ITAT) 716
The Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench consisting of Shri Duvvuru R L Reddy, Judicial Member, and Shri S Balakrishnan, Accountant Member held that levy of Income-tax on both landowner and GPA holder for the same income amounts to double taxation under Income Tax Act 1961.
SBW Udyog Limited vs Deputy Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 713
The Allahabad Bench of Income Tax Appellate Tribunal ( ITAT ), has held that the belated payment of employee contribution to PF/ESI deposited before the due date for filing the return of income is deductible u/s 43B.
The Prajatantra Prachar Samity vs DCIT, 2022 TAXSCAN (ITAT) 712
The Cuttack Bench of Income Tax Appellate Tribunal has held that penalty u/s 271 alone will not exist after deletion of addition on Income.
Mr. S.Ashokan vs Deputy Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 704
The Income Tax Appellate Tribunal (ITAT), Chennai bench has held that addition towards cash payment u/s 40A(3) will not sustain without incriminating material and deleted the addition made by the AO.
Osian\\\’s Connoisseurs Of Art Pvt. Ltd. vs Dy.Commissioner Of Income Tax, 2022 TAXSCAN (ITAT) 709
The Mumbai bench of Income Tax Appellate Tribunal ( ITAT ) has held that appeals by the assessee as well as revenue are not maintainable unless liquidator amend form 36A during winding up proceedings.
Unitech Wireless (Tamil Nadu) Pvt. Ltd vs ACIT, 2022 TAXSCAN (ITAT) 705
The Income Tax Appellate Tribunal (ITAT), New Delhi, has held that payment made by a mobile service provider to another mobile service provider for roaming cannot be considered as technical service and can’t deduct TDS u/s 194J of the Income Tax Act,1961.
Plaza Cable Industries Ltd. vs Dy. Commissioner of Income Tax,2022 TAXSCAN (ITAT) 710
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that Section 147 is not an alternative to Section 263 and quashes assessment order u/s 147 without jurisdiction.
Garg Acrylics Ltd vs Addl. CIT,2022 TAXSCAN (ITAT) 626
The Income Tax Appellate Tribunal (ITAT), Delhi bench consisting of Pradip Kumar Kedia, Accountant Member and Yogesh Kumar US, Judicial Member quashed reassessment order framed as result of invalid re-assessment notice.
Radiant Life Care Mumbai Pvt. Ltd vs Principle Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 684
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT), comprising Shri Om Prakash Kant AM and M S Kavitha Rajagopal, JM has held that lack of enquiry by the assessing officer invokes the jurisdiction of PCIT u/s 263 of the Income Tax Act, 1961.
Solitare World Pvt. Ltd vs ACIT, 2022 TAXSCAN (ITAT) 706
The Income Tax Appellate Tribunal (ITAT), New Delhi bench comprising, Sh. Amit Shukla, Judicial Member and Dr B. R. R. Kumar, Accountant Member have held that the addition to income can’t be made unless it was proved with corroborative evidence.
Hewitt Associates (India) Private Limited vs ACIT, 2022 TAXSCAN (ITAT) 711
The Income Tax Appellate Tribunal (ITAT), New Delhi bench comprising of Shri R K Panda, AM and M S Astha Chandra, JM has held that unabsorbed depreciation can be set off against ‘income from other sources’
Manjriben Pravinchandra Raninga vs Income, 2022 TAXSCAN (ITAT) 708
The Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that a notice of penalty u/s 271 of Income Tax Act,1961 must mention the specific limb.
DCIT vs Jammu Pigments Ltd, 2022 TAXSCAN (ITAT) 703
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that a highly debatable issue does not fall within the ambit of a “mistake apparent from records” for the purpose of invoking section 154 of the Income Tax Act, 1961.
. M/s. Vserve Business Solution Pvt. Ltd vs Addl. CIT, 2022 TAXSCAN (ITAT) 693
The Income Tax Appellate Tribunal (ITAT), New Delhi has held that the interest-free loans cannot be treated as deemed dividends u/s2(22)(e) and upholds the order of CIT(A).
Mr.A.Sivashankar vs The Dy. Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 695
The Chennai bench of Income Tax Appellate Tribunal has held that no scope for extrapolate and estimate undisclosed income for block assessment proceedings.
Bharat Rana Chaudhry vs ITO, 2022 TAXSCAN (ITAT) 689
The Income Tax Appellate Tribunal (ITAT), Delhi bench held that quantification of penalty is dependent upon additions made to income of assessee.
Mrs. Amritha Raj vs ACIT, 2022 TAXSCAN (ITAT) 686
The Income Tax Appellate Tribunal (ITAT), Bangalore bench has imposed a cost of Rs. 10,000 on the assessee for not giving proper reasons for the non-appearance before the income tax authorities.
Col. Ranjan Sharma vs Income Tax Officer, 2022 TAXSCAN (ITAT) 687
The Income Tax Appellate Tribunal (ITAT), Bangalore bench has deleted an addition of around 7 lakhs on account of cash deposit during demonetization against the assessee, a retired officer by holding that the amount was kept to meet medical emergencies and therefore, the same cannot be suspected under section 69A of the Income Tax Act, 1961.
Tvl. GK Digital Printing vs The Assistant Commissioner ,2022 TAXSCAN (HC) 436
The Madras High Court has directed the GST Network (GSTN) to allow the payment of tax, penalty and fine by the taxpayer whose GST registration is cancelled due to non-filing of returns.
Gautam Hiralal Gandhi vs The DCIT, 2022 TAXSCAN (ITAT) 681
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) comprising has held that the wrong claim of TDS would not amount to the Penalty u/s 271 of the Income Tax Act,1961.
M/s Centrum Microcredit Limited vs Asst. Director of Income Tax ,2022 TAXSCAN (ITAT) 683
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT), has held that TDS credit was allowed if it was not claimed in subsequent year.
Praveen Kumar Chauhan vs ITO, 2022 TAXSCAN (ITAT) 674
The Income Tax Appellate Tribunal (ITAT), Delhi bench has upheld an addition towards the gift from the father as the assessee failed to prove the creditworthiness of the donor under the provisions of the Income Tax Act, 1961.
M/s APC Books vs The A.C.I.T, 2022 TAXSCAN (ITAT) 639
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) comprising has held that jurisdiction u/s 263 of the Income Tax Act can invoke only when an erroneous decision made by AO arises or sustain.
Bhikhabhai Ambalal Patel vs Income Tax Officer, 2022 TAXSCAN (ITAT) 662
The Ahmedabad Bench of Income Tax Appellate Tribunal ( ITAT ) has held that the mere existence of addition on income during assessment proceedings does not attract Income Tax Penalty.
Poonawalla Finance Pvt. Ltd. vs DCIT, 2022 TAXSCAN (ITAT) 640
The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that as per rule 8D(2)(iii), the disallowance under 14A needs to calculate based on the average value of the share by exempt income earned.
DCIT vs M/s. Ram Asra Goyal Education & Research Society, 2022 TAXSCAN (ITAT) 652
The Income Tax Appellate Tribunal (ITAT), Chandigarh bench has held that repayment of loan taken for construction of the building by assessee Trust considered as income if for charitable purposes.
M/s H.P. Agro Industries Corp. Ltd vs The ITO, 2022 TAXSCAN (ITAT) 650
The Income Tax Appellate Tribunal (ITAT), has held that participation in proceedings before Tax Authorities, should be given high priority and Government Corporation is like any other assessee cannot be given preferential treatment.
Clean Science & Technology Pvt. Ltd vs CIT, 2022 TAXSCAN (ITAT) 644
The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that penalty u/s 271 can’t be invoked in the absence of relevant records about the inaccurate particulars.
Vishnu Kumar Sinha (HUF) vs Assistant Commissioner of Income Tax, 2022 TAXSCAN (ITAT) 656
The Income Tax Appellate Tribunal (ITAT), Raipur bench asked to dispose appeal in merits as CIT has no power to summarily dismiss appeal for non-prosecution.
Barapur Gramodyog Vikas Samiti vs ITO, 2022 TAXSCAN (ITAT) 663
The Delhi Bench of Income Tax Appellate Tribunal ( ITAT ) has held that mere technical violation for which assessee could not be penalized by denying exemption and allow exemption u/s 10(23B).
Dhaneswar Rath Institute of Engineering and Medical Sciences vs CIT, 2022 TAXSCAN (ITAT) 670
The Income Tax Appellate Tribunal (ITAT), Cuttack bench has held that the order passed u/s 263 of Income Tax Act,1961 in violation of natural justice principle can’t sustain.
Michelin ROH Co. Ltd. vs DCIT, 2022 TAXSCAN (ITAT) 665
The Delhi Bench Income Tax Appellate Tribunal has held that income earned in absence of Fee for Technical Service (FTS) clause in Double tax avoidance agreement (DTAA) would fall as business income and cannot taxed in India in absence of Permanent Establishment (PE).
M/s.Armajaro Trading India (P) vs Income Tax Officer, 2022 TAXSCAN (ITAT) 673
The Cochin Bench of Income Tax Appellate Tribunal has held that appeal against scrutiny assessment pending adjudication and quashes revision proceedings initiated by Principle Commissioner of Income Tax.
GE India Business Services Pvt. Ltd vs ACIT IT, 2022 TAXSCAN (ITAT) 671
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that international transactions of Information Technology Enabled Services can be calculated under Arm’s length.
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