Tag: <span>ITAT</span>

judgement

The Words “In India” Cannot be Read Into Section 54F When Parliament in Its Legislative Wisdom Has Deliberately Not Used the Words: ITAT Bangalore

Dhanraj SharmaOctober 15, 2021October 15, 2021

In the case of Rajasugumar Subramani vs ITO, ITAT Bangalore has held that: Since the Tribunal has taken a view in similar set of facts, we find no justification to...

judgement

Amendment w.e.f. AY 2014-15 Will Not Apply to A Purchase Transaction of Immovable Property For Which Full Consideration is Paid Pre-Amendment: ITAT Ranchi

Dhanraj SharmaOctober 14, 2021

In the case of Bajrang Lal Naredi vs ITO, ITAT Ranchi has held that: It is not in dispute that purchase transactions of immovable property were carried out in FY...

DIRECT TAXATION

HOW TO FILE AN APPEAL WITH INCOME TAX APPELLATE TRIBUNAL (ITAT) ??

CA Heer GajjarOctober 13, 2021October 13, 2021

How to File an Appeal with ITAT ?? Introduction ITAT i.e. Income Tax Appellate Tribunal is a quasi-judicial authority. It looks into litigation cases for the Direct Taxation Regime (i.e....

judgement

The Tendency to Perceive Delay As A Non-Serious Matter Should be Discouraged: ITAT Delhi

Dhanraj SharmaOctober 13, 2021October 13, 2021

In the case of Boutique Hotels India (P) Ltd vs ACIT, ITAT Delhi has held that: It is not as if mistake of a legal advisor, however, gross and inexcusable,...

judgement

The Loss Arising to Assessee for Cancellation of Its Shares Pursuant to Reduction of Capital Should be Allowed as Long Term Capital Loss: ITAT Mumbai

Dhanraj SharmaOctober 12, 2021

In the case of Carestream Health Inc vs DCIT, ITAT Mumbai has held that: The ld DR vehemently argued that the percentage of shareholding remains the same because reduction of...

judgement

The Only Requirement For Granting Registration Under Section 11/ 12AA of the Income Tax Act is That The Objects of The Society Should be Charitable in Nature and Activities are Genuine: ITAT Amritsar

Dhanraj SharmaOctober 9, 2021October 9, 2021

In the case of Shri Dhar Sabha Vaishno Devi vs CIT(E), ITAT Amritsar has held that: 23.) In the instant case, the Ld. CIT(E) denied the registration by observing that...

INCOME TAX

Payment Made by An Indian Company to A Foreign Celebrity For Appearance in A Product Launch in Foreign Which Was For the Business in India, is Taxable: ITAT Mumbai

Dhanraj SharmaOctober 8, 2021October 8, 2021

In the case of Volkswagen Finance Pvt Ltd vs ITO, ITAT Mumbai has held that: In the light of the above discussion, we are of the considered view that the...

judgement

Where the Deductor has Deducted Tax at Source But Has Not Deposited the Tax with the Government, the Assessee Cannot be Made to Suffer: ITAT Delhi

Dhanraj SharmaOctober 7, 2021October 7, 2021

In the case of Aricent Technologies Holdings Ltd vs. ACIT, ITAT Delhi has held that: As held by the Gauhati High Court in the course of Omprakash Gattani (supra), once...

judgement

A Representative Office of a Foreign Enterprise is Not a Taxable Unit. Foreign Enterprise is the Taxable Unit: ITAT Mumbai

Dhanraj SharmaOctober 5, 2021October 5, 2021

In the case of DZ Bank AG – India Representative Office vs. DCIT, ITAT Mumbai has held that: 30.) In the light of the above discussions, as also bearing in...

judgement

An Indian Taxpayer is Not Entitled to Claim Refunds From the Government of India of Taxes Paid Outside India: ITAT Mumbai

Dhanraj SharmaOctober 4, 2021

In the case of Bank Of India vs ACIT, ITAT Mumbai has held that: 80.) To sum up, the assessee is declined the foreign tax credits for Rs 182,64,22,948, and,...

judgement

Order of the AO Imposing Penalty on Assessee Under Section 271AAB of the Income Tax Act Does Not Pass the Mandate of the Provisions of Section 271AAB of the Act. So Appeal of the Assessee is Allowed: ITAT Patna

Dhanraj SharmaOctober 3, 2021October 3, 2021

In the case of Shiv Bhagwan Gupta vs ACIT, ITAT Patna has held that: "The assessee has filed return u/s 139 showing income of Rs. 2808270/-The assessee has disclosed income...

judgement

There is No Employer- Employee Relationship If Doctor is Paid on the Basis of Patients Attended: ITAT

Dhanraj SharmaOctober 1, 2021October 1, 2021

In the case of DCIT vs Sir Hurkisondas Nurrotumdas Hospital & Research Centre, ITAT Mumbai has held that: Going by the factual matrix as enumerated in the preceding paragraphs, it...

judgement

Only Amount Reflected in Form 26AS Does Not Mean that Assessee is the Actual Beneficiary Unless It is Established: ITAT

Dhanraj SharmaSeptember 30, 2021September 30, 2021

In the case of Dr Swati Mahesh Vinchurkar vs DCIT, ITAT Surat bench has held that: We have considered the rival submissions of the parties and have gone through the...

judgement

As the Activities of the Assessee are Under the Statutory Obligation under Development Act 1973, The Activities Can Not be Treated as Trade, Commerce or Business: ITAT Agra

Dhanraj SharmaSeptember 28, 2021September 28, 2021

In the case of Agra Development Authority vs DCIT, ITAT Agra has held that after respectfully following the decision of the coordinate bench in the matter of JHANSI DEVELOPMENT AUTHORITY...

judgement

The Commissioner has to Re-Examine the Application of the Assessee Because He Rejected the Assessee’s Application Without the Opportunity of Being Heard: ITAT Agra

Dhanraj SharmaSeptember 27, 2021September 27, 2021

In the case of Aashray vs CIT (Exemption), ITAT Agra has held that: The appeal of the assessee is allowed for statistical purposes, the Commissioner (exemption) is directed to examine...

judgement

CIT Has Rejected the Appeals Without Hearing the Assessee, So We are Giving Opportunity of Being Heard to the Assessee: ITAT Agra

Dhanraj SharmaSeptember 24, 2021

In the case of Smt. Poonam Shivhare vs A.C.I.T., ITAT Agra has held that Having carefully examined the order of the CIT(A) in the aforesaid cases, we find that the...

judgement

Must Read: Assessee Gets Relief From ITAT Agra Due to Word “May” as Used in Section 69 of the Income Tax Act [Read Order]

Dhanraj SharmaSeptember 23, 2021September 23, 2021

In the case of Smt. Uma Agarwal vs ITO, ITAT Agra has held that: The word “ may” had been used by the statute under section 69A, as had been...

TC VIP Content

Assessee has Explained the Source of Cash Deposits in the Bank, Therefore We Direct to Delete the Addition Made by AO: Jodhpur ITAT

Dhanraj SharmaSeptember 13, 2021September 13, 2021

In the case of Ashok Kumawat vs ITO, Jodhpur ITAT has held that: We have considered the rival contentions and carefully perused the material available on record. From perusal of...

TC VIP Content

Expenses Have Been Duly Verified From the Books Which are Duly Audited and Certified by Independent Chartered Accountant/ Auditor, So We Direct to Delete the Disallowance: Jodhpur ITAT

Dhanraj SharmaSeptember 12, 2021September 12, 2021

In the case of M/s Indira Education Institute & Health Society, Udaipur vs ITO (Exemption) Udaipur, Jodhpur ITAT has held that: We have considered the rival contentions and carefully gone...

TC VIP Content

In the Interest of Justice and Fair Play, Assessee Deserves One More Opportunity in Support of Claim for Seeking Registration u/s 12AA of the Income Tax Act: Jodhpur ITAT

Dhanraj SharmaSeptember 9, 2021September 9, 2021

In the case of Dawat E Islami Hind vs CIT, Jodhpur ITAT has held that: Having considered the facts and circumstances of the case, we belief that the assessee deserves...

TC VIP Content

Section 43CA of the Income Tax Act is Not Applicable in the Case Where the Stamp Valuation of the Property is on Higher Side: Jodhpur ITAT

Dhanraj SharmaSeptember 8, 2021September 8, 2021

In the case of M/s Jodhana Homes vs ACIT, Jodhpur ITAT has held that: From perusal of the record, we found that the AO as well as ld. CIT(A) has...

TC VIP Content

Interest Paid to Third Parties is Deductible from Net Profit: Jodhpur ITAT [Read Order]

Dhanraj SharmaSeptember 5, 2021September 5, 2021

In the case of Shri Subhash Chand Jain vs Assistant Commissioner of Income Tax, Jodhpur ITAT has held that We are of the considered opinion that the interest paid to...

TC VIP Content

One More Opportunity Should be Given to the Assessee in the Interest of Justice: Jodhpur ITAT

Dhanraj SharmaSeptember 4, 2021September 4, 2021

In the case of Kailash Goyal, Jodhpur ITAT has held that in the interest of justice and fair play, we believe that the assessee deserves one more opportunity to file...

EPFO judgement TC VIP Content

Contribution Towards ESI and PF are Deposited Before the Due Date Under Section 139(1). So No Disallowance Should Occur in Assessment: Jodhpur ITAT

Dhanraj SharmaSeptember 4, 2021September 4, 2021

In the case of U and T Tractor Spares Private Limited Jodhpur, the Jodhpur ITAT has held that the employees’s contribution amounting to Rs 425,722/- towards ESI and PF which...

INCOME TAX

Have You Shown Fake Income in Income Tax Return? This Practice might Lands You in Tax Trouble

Dhanraj SharmaJune 29, 2021June 29, 2021

A recent ruling by the Hyderabad ITAT wherein fake agricultural income shown by a student in income tax return to grab education loan was taxed by the Assessing Officer. This...

INCOME TAX judgement

Diary, Note Book and Deleted Data in CPU are not Books of Accounts of the Asseseee: ITAT Chennai

Dhanraj SharmaJune 27, 2021June 27, 2021

ITAT Chennai held that diary, note book and deleted data in CPU are not books of accounts of the asseseee in course of its business and thus, no addition could...

TC VIP Content

ITAT Delhi Begins E-filing Service, Other Benches to Go Live in July

Dhanraj SharmaJune 27, 2021June 27, 2021

The Income Tax Appellate Tribunal (ITAT) has opened its e-filing facility for appeals in Delhi and will extend it to other zonal [ihc-hide-content ihc_mb_type="show" ihc_mb_who="2" ihc_mb_template="1" ][/ihc-hide-content headquarters and benches...

ITAT

E-filing Portal of Income Tax Appellate Tribunal (ITAT) will be Launched on 25th June 2021

Dhanraj SharmaJune 21, 2021June 21, 2021

The Income Tax Appellate Tribunal (ITAT) has issued a public notice on 21st June 2021 which is quoted as under: In continuation of Notice dated 4th June, 2021 on the...

TC VIP Content

Accumulated Savings are Acceptable Reason u/s 69A for Cash Deposit upto Rs 2.5 Lacs by Housewives under Demonetization: ITAT

Dhanraj SharmaJune 19, 2021

Agra ITAT upholds cash deposit of Rs. 2.11 lacs into bank account during demonetisation period by the Assessee-individual for AY 2017-18; Assessee is a housewife having no source of income...

INCOME TAX

Good news came when the income tax stranded, the Supreme Court repealed this provision

gmApril 12, 2021April 12, 2021

The postponement is not carried forward even though the taxpayer is in no way responsible for the delay in hearing the appeal in the Income Tax Appellate Tribunal (ITAT). The...

Tag: ITAT

The Words “In India” Cannot be Read Into Section 54F When Parliament in Its Legislative Wisdom Has Deliberately Not Used the Words: ITAT Bangalore

Amendment w.e.f. AY 2014-15 Will Not Apply to A Purchase Transaction of Immovable Property For Which Full Consideration is Paid Pre-Amendment: ITAT Ranchi

HOW TO FILE AN APPEAL WITH INCOME TAX APPELLATE TRIBUNAL (ITAT) ??

The Tendency to Perceive Delay As A Non-Serious Matter Should be Discouraged: ITAT Delhi

The Loss Arising to Assessee for Cancellation of Its Shares Pursuant to Reduction of Capital Should be Allowed as Long Term Capital Loss: ITAT Mumbai

The Only Requirement For Granting Registration Under Section 11/ 12AA of the Income Tax Act is That The Objects of The Society Should be Charitable in Nature and Activities are Genuine: ITAT Amritsar

Payment Made by An Indian Company to A Foreign Celebrity For Appearance in A Product Launch in Foreign Which Was For the Business in India, is Taxable: ITAT Mumbai

Where the Deductor has Deducted Tax at Source But Has Not Deposited the Tax with the Government, the Assessee Cannot be Made to Suffer: ITAT Delhi

A Representative Office of a Foreign Enterprise is Not a Taxable Unit. Foreign Enterprise is the Taxable Unit: ITAT Mumbai

An Indian Taxpayer is Not Entitled to Claim Refunds From the Government of India of Taxes Paid Outside India: ITAT Mumbai

Order of the AO Imposing Penalty on Assessee Under Section 271AAB of the Income Tax Act Does Not Pass the Mandate of the Provisions of Section 271AAB of the Act. So Appeal of the Assessee is Allowed: ITAT Patna

There is No Employer- Employee Relationship If Doctor is Paid on the Basis of Patients Attended: ITAT

Only Amount Reflected in Form 26AS Does Not Mean that Assessee is the Actual Beneficiary Unless It is Established: ITAT

As the Activities of the Assessee are Under the Statutory Obligation under Development Act 1973, The Activities Can Not be Treated as Trade, Commerce or Business: ITAT Agra

The Commissioner has to Re-Examine the Application of the Assessee Because He Rejected the Assessee’s Application Without the Opportunity of Being Heard: ITAT Agra

CIT Has Rejected the Appeals Without Hearing the Assessee, So We are Giving Opportunity of Being Heard to the Assessee: ITAT Agra

Must Read: Assessee Gets Relief From ITAT Agra Due to Word “May” as Used in Section 69 of the Income Tax Act [Read Order]

Assessee has Explained the Source of Cash Deposits in the Bank, Therefore We Direct to Delete the Addition Made by AO: Jodhpur ITAT

Expenses Have Been Duly Verified From the Books Which are Duly Audited and Certified by Independent Chartered Accountant/ Auditor, So We Direct to Delete the Disallowance: Jodhpur ITAT

In the Interest of Justice and Fair Play, Assessee Deserves One More Opportunity in Support of Claim for Seeking Registration u/s 12AA of the Income Tax Act: Jodhpur ITAT

Section 43CA of the Income Tax Act is Not Applicable in the Case Where the Stamp Valuation of the Property is on Higher Side: Jodhpur ITAT

Interest Paid to Third Parties is Deductible from Net Profit: Jodhpur ITAT [Read Order]

One More Opportunity Should be Given to the Assessee in the Interest of Justice: Jodhpur ITAT

Contribution Towards ESI and PF are Deposited Before the Due Date Under Section 139(1). So No Disallowance Should Occur in Assessment: Jodhpur ITAT

Have You Shown Fake Income in Income Tax Return? This Practice might Lands You in Tax Trouble

Diary, Note Book and Deleted Data in CPU are not Books of Accounts of the Asseseee: ITAT Chennai

ITAT Delhi Begins E-filing Service, Other Benches to Go Live in July

E-filing Portal of Income Tax Appellate Tribunal (ITAT) will be Launched on 25th June 2021

Accumulated Savings are Acceptable Reason u/s 69A for Cash Deposit upto Rs 2.5 Lacs by Housewives under Demonetization: ITAT

Good news came when the income tax stranded, the Supreme Court repealed this provision

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E-filing 3.0 Module Launched by the Supreme Court Allows Client, Advocate and Court to Complete the Proceedings Virtually

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