Clipped from: https://www.taxscan.in/no-addition-can-be-made-against-individual-for-cash-deposit-of-tuition-fee-received-from-students-during-demonetization-period-itat-read-order/271364/?utm_source=izooto&utm_medium=push_notifications&utm_campaign=No%20Addition%20can%20be%20made%20Against%20Individual%20for%20Cash%20Deposit%20of%20Tuition%20Fee%20received%20from%20Students%20during%20Demonetization%20Period:%20ITAT The Income Tax Appellate Tribunal (ITAT), Mumbai bench, has deleted an addition under section 69A of the Income Tax Act, 1961 in respect of cash deposit during demonetization
Category: Income Tax Cases
👍👍👍No section 271B penalty for not getting Account Audited due to health issues
Clipped from: https://taxguru.in/income-tax/section-271b-penalty-account-audited-due-health-issues.html Suryavathi Gandiboina Vs ACIT (ITAT Hyderabad) A perusal of the various details filed by the assessee shows that the assessee was not keeping
👍👍👍👍👍Addition u/s. 68 merely based on SMS or WhatsApp messages without corroborative evidence unsustained
Clipped from: https://taxguru.in/income-tax/addition-u-s-68-based-sms-whatsapp-messages-corroborative-evidence-unsustained.html Atul Tantia Vs DCIT (ITAT Kolkata) ITAT Kolkata held that addition towards undisclosed income u/s 68 of the Income Tax Act merely based
👍👍👍👍👍Time limit for issue of section 149 notice is in respect of Section 148
Clipped from: https://taxguru.in/income-tax/time-limit-issue-section-149-notice-respect-section-148.html Sylph Technologies Limited Vs Principal Chief Commissioner of Income Tax (Madhya Pradesh HC) The time limit for issue of notice under section 149
Deduction u/s 54F not Allowable if Assessee has More Than a Residential House at the Time of Claiming the Deduction: ITAT
Read More: https://www.taxscan.in/deduction-u-s-54f-not-allowable-if-assessee-has-more-than-a-residential-house-at-the-time-of-claiming-the-deduction-itat/270581/ Clipped from: https://www.taxscan.in/deduction-u-s-54f-not-allowable-if-assessee-has-more-than-a-residential-house-at-the-time-of-claiming-the-deduction-itat/270581/?utm_source=izooto&utm_medium=push_notifications&utm_campaign=Deduction%20u/s%2054F%20not%20Allowable%20if%20Assessee Deduction u/s 54F not Allowable if Assessee has More Than a Residential House at the Time of Claiming the Deduction: ITAT
👍👍👍👍👍Co-op society entitled for deduction u/s. 80P(2)(d) in respect of interest received from co-op banks
Clipped from: https://taxguru.in/income-tax/co-op-society-entitled-deduction-u-s-80p2d-respect-interest-received-co-op-banks.html Ishwar Bhavan Cooperative Housing Society Ltd Vs CIT(A) (ITAT Mumbai) By placing reliance on the co-ordinate Bench decision of this Tribunal in the
👍👍👍👍👍HC set aside Income Tax Notice issued & Order passed on dissolved LLP
Clipped from: https://taxguru.in/income-tax/hc-set-aside-income-tax-notice-issued-order-passed-dissolved-llp.html Lotus Law Partners LLP Vs ITO (High court of Delhi) Via this writ petition, a challenge is laid to notice dated 14.03.2022 issued under
👍👍👍👍👍Section 54 exemption cannot be denied for acquiring new house in wife’s name
Clipped from: https://taxguru.in/income-tax/section-54-exemption-denied-acquiring-house-wifes-name.html Income Tax Officer Vs Shri Julius (ITAT Chennai) ITAT held that acquisition of new house in wife’s name would not jeopardise Section 54
👍👍👍👍👍Section 75(4) U.P. GST Act is Mandatory, Even if no Demand in Writing for Hearing is made out: Allahabad HC Quashes Order
Clipped from: https://www.taxscan.in/section-754-u-p-gst-act-is-mandatory-even-if-no-demand-in-writing-for-hearing-is-made-out-allahabad-hc-quashes-order/269641/ By Aparna. M – On April 17, 2023 1:00 pm – 2 mins read In a significant case, the Allahabad High Court held that section 75(4) of
👍👍👍👍👍Delhi HC Set Aside Section 148A(d) Order Passed without Considering Reply of Assessee: Directs de novo exercise
Clipped from: https://www.taxscan.in/delhi-hc-set-aside-section-148ad-order-passed-without-considering-reply-of-assessee-directs-de-novo-exercise/269531/ The Delhi Bench of High Court has set aside the order passed under Section 148A(d) of the Income Tax Act 1961 as this
👍👍👍👍👍Proceedings initiated & orders passed in the name of dead person is invalid
lipped from: https://taxguru.in/income-tax/proceedings-initiated-orders-passed-name-dead-person-invalid.html Parmanand Jamnadas Kapadia (Legal Heir Mr. Harit P. Kapadia) Vs ITO (ITAT Mumbai) Admittedly notice under section 148 has been issued and also
👍👍👍Denial of exemption u/s 80P of Income Tax Act just because of belated filing of return not justifiable
Clipped from: https://taxguru.in/income-tax/denial-exemption-u-s-80p-income-tax-act-because-belated-filing-return-justifiable.html Ambaradi Seva Sahkari Mandali Ltd. Vs DCIT (CPC) (ITAT Rajkot) ITAT Rajkot held that denying the exemption under Section 80P of the Income
👍👍👍Orders passed without affording adequate personal hearing are quashed for fresh consideration
Clipped from: https://taxguru.in/goods-and-service-tax/orders-passed-affording-adequate-personal-hearing-quashed-fresh-consideration.html Murugan Electrical Stores Vs Assistant Commissioner (ST) (FAC) (Madras High Court) Madras High Court held that as the personal hearing has not been
👍👍👍👍👍Provisions for rent is governed by Section 194I & CAM charges by Section 194C
Clipped from: https://taxguru.in/income-tax/provisions-rent-governed-section-194-i-cam-charges-section-194c.html PVR Ltd. Vs ACIT (ITAT Delhi) ITAT Delhi held that determination of the rent or CAM are separate and the CAM arrangements are
👍👍👍👍👍👍👍AO cannot shift burden on assessee to explain recipient of inadvertent receipts shown in 26AS
Clipped from: https://taxguru.in/income-tax/ao-shift-burden-assessee-explain-recipient-inadvertent-receipts-shown-26as.html Travelport LP Vs DCIT (ITAT Delhi) ITAT Delhi held that AO cannot put the entire burden on the assessee to show in whose
👍👍👍👍👍HC set aside Section 148A(d) order passed without considering reply
Clipped from: https://taxguru.in/income-tax/hc-set-aside-section-148ad-order-passed-considering-reply.html Ashok Kumar Garg Vs ACIT (Delhi High Court) According to the petitioner, although the amount of alleged bogus purchase bills has been quantified
👍👍👍👍👍Attested copies should be considered as proof of production of document as original documents misplaced
lipped from: https://taxguru.in/service-tax/attested-copies-considered-proof-production-document-original-documents-misplaced.html Wns Global Services Pvt. Ltd. Vs Commissioner of CGST (CESTAT Mumbai) CESTAT Mumbai held that refund claim was rejected on sole ground of non-production
👍👍👍Income Tax Return Filed by A Co-op Society after due Date is invalid – 80P Deduction not allowed: Kerala HC,
Clipped from: https://taxguru.in/income-tax/income-tax-return-filed-coop-society-due-date-invalid-80p-deduction-allowed-kerala-hc.html Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs CIT (Kerala High Court) Disposing an IT Appeal in M/s. Nileshwar Range Kallu Chethu Vyavasaya
👍👍👍Payment made to Doctors for Referring Patient to Assesee is Professional fee, not Referral Fee: ITAT
Clipped from: https://www.taxscan.in/payment-made-to-doctors-for-referring-patient-to-assesee-is-professional-fee-not-referral-fee-itat-read-order/268636/ By Aparna. M – On April 11, 2023 8:34 pm – 2 mins read The Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) has recently held that payment made to doctors
👍👍👍👍👍Appeal before ITAT having tax effect of less than Rs.50 lakh have to be treated as withdrawn
Clipped from: https://taxguru.in/income-tax/appeal-itat-tax-effect-rs-50-lakh-treated-withdrawn.html ITO Vs Sk. Sahanewaj Ali (ITAT Kolkata) CBDT had modified Circular No. 3 of 2018 dt. 11/07/2018. Further, the CBDT in its circular F. No.
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