Payment from Sale of Shares Deposited in Bank Account: ITAT rules No Reason to add Capital Gains Unexplained Cash Credit u/s 68 of Income Tax Act [Read Order]
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) ruled that there is no reason to add capital gains as unexplained cash credit under Section 68 of the Income Tax Act, 1961 as the
No TDS on Commission paid to Partner by Firm: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that commission paid to partners is not covered under Section 194H of the Income Tax Act and therefore, the same is not subject to TDS
ITAT quashes Assessment Order Due to Lack of Opportunity given to be Heard to Assessee u/s 144A [Read Order]
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) recently quashed the assessment order passed under Section 144A of the Income Tax Act due to lack Opportunity to be heard for assessee. M/s. Shri
RPM is the most Appropriate Method in International Transactions of Celio Future Fashion pertaining to Import of Men’s Wear for Resale: ITAT directs De novo Benchmarking [Read Order]
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has directed denovo benchmarking holding that the Resale Price Method (RPM) is the most appropriate method in international transactions of Celio future fashion pertaining to import
Agricultural Income not to be Treated as Unaccounted Income u/s 68 of Income Tax Act if No Incriminating Materials to Show Income Belongs to Assessee: ITAT [Read Order]
The Chennai Bench of Income Tax Appellate Tribunal (ITAT)  stated that there is nothing on record which would show that any incriminating material was found during search operation which would show that the agricultural income
ITAT directs AO to set off Business Income with  carry forward Business Loss on grounds of Assessee’s Return becoming valid u/s 139(1) after defect was removed from Original Return
The Kolkata bench if the Income Tax Appellate Tribunal (ITAT) held that when original return filed is defective and the defect is removed under Section 139(9) of the Income Tax Act, the return filed under
Exemption u/s 10(38) of Income Tax Act shall be denied when Assessee enters into Sham Transaction with Paper Companies: ITAT upholds Order of CIT(A) [Read Order]
The Pune bench of the Income Tax Appellate Tribunal (ITAT) held that the exemption under Section 10(38) of the Income Tax Act, 1961 shall be denied when the assessee enters into a sham transaction with
CIT (A) can Enhance any Issue which touched upon by AO in Assessment Order : ITAT upholds Enhancement of Income made u/s 251(2) of Income Tax Act [Read Order]
The Income Tax Appellate Tribunal (ITAT), Chennai bench held that Commissioner Income Tax (Appeals) [CIT(A)] could enhance any issue which was touched upon by an Assessing Officer in the Assessment Order.            Therefore, the bench upheld
ITAT quashes Time Barred Reassessment Notice Issued u/s 148 of Income Tax Act based on Information from Investigation Wing regarding Bogus Expense
The Delhi bench of Income Tax Appellate Tribunal (ITAT) has quashed a time barred reassessment notice issued under Section 148 of Income Tax Act 1961 based on information from investigation wing regarding bogus expenses. The
Fulfillment of Twin Conditions is Mandatory for Invoking the Jurisdiction u/s 263: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal has held that fulfillment of twin conditions is mandatory for invoking the jurisdiction u/s 263. The assesse, Gurbakshish Singh Batra is an individual and filed his return
Bank Interest not Claimed as Deduction in P & L Account and Showing as Pre-Operative Expenses, No Disallowance u/s 43B: ITAT [Read Order]
The Kolkata Bench of Income Tax Appellate Tribunal has held that no disallowance u/s 43B, since bank interest not claimed as deduction in profit and loss account and showing as pre-operative expenses. The assessee, Shri
Pre-condition to Proviso (2) of Section 12A(2) of Income Tax Act not Satisfied : ITAT Denies Income Tax Exemption to Charitable Trust
The Raipur Bench of Income Tax Appellate Tribunal (ITAT) held that in absence of satisfaction of the pre-condition contemplated in the “2nd proviso” to Section 12A(2) of the Income Tax Act and Circular Board of
Delay in filing of TDS Return due to Lack of Professional Assistance is Mere ‘Technical Breach’: ITAT deletes Income Tax Penalty [Read Order]
The Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the delay in the filing of TDS returns due to lack of professional assistance is a mere “technical breach” for which penalty under section
Application of Section 147 of Income Tax Act by AO having Tangible Material in Possession indicating Escapement of Income Chargeable to Tax is Valid: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the application of Section 147 of the Income Tax Act 1961, by an Assessing Officer (AO) having tangible material in possession indicating escapement
Addition u/s 68 due to Non-Consideration of Unsigned Reply by Assessee to Notice issued u/s 147 of Income Tax Act: ITAT directs Re-adjudication [Read Order]
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has directed re-adjudication as the addition under Section 68 of the Income Tax Act 1961 due to non-consideration of unsigned reply by assessee to notice issued