Clipped from: https://taxguru.in/income-tax/deduction-u-s-54f-deniable-ground-pre-owning-residential-house-foreign.html Smt. Maries Joseph Vs DCIT (ITAT Cochin) ITAT Cochin held that as per condition mentioned in section 54F deduction is not available if
Category: Income Tax Cases
Delay of 9 years condoned on reasonable cause of non-receipt of intimation
Clipped from: https://taxguru.in/income-tax/delay-9-years-condoned-reasonable-cause-non-receipt-intimation.html M.K. Hotels & Resorts Ltd Vs ACIT (ITAT Amritsar) ITAT Amritsar held that non-receipt of intimation resulted into no action on the part
What to do if rectification request is not considered by Assessing Officer?
Clipped from: https://taxguru.in/income-tax/rectification-request-considered-assessing-officer.html Facts Mr. A received an intimation under Section 143(1) for the relevant assessment year. He realized that the credit of TCS claimed by
–No deemed rent addition for property which is not habitable
Clipped from: https://taxguru.in/income-tax/deemed-rent-addition-property-habitable.html Manindra Mohan Mazumdar Vs ACIT (ITAT Kolkata) CIT(A) while dealing with the assessee’s appeal casually dealt with the issue and in the finding
–Section 153C Assessments based on Invalid Notices are liable to be quashed
Clipped from: https://taxguru.in/income-tax/section-153c-assessments-based-invalid-notices-liable-quashed.html Malik Network & Computer P. Ltd. Vs ITO (ITAT Delhi) One of the controversies in the present case arises towards computation of limitation
👍👍👍👍👍👍👍Fate of section 148 Notices for AY 2013-14 and AY 2014-15 still hanging
Clipped from: https://taxguru.in/income-tax/fate-section-148-notices-ay-2013-14-ay-2014-15-hanging.html Objective The Author in this article discusses the differing views taken by two high courts (exactly opposing views) on the question of limitation as to
🙏🙏🙏🙏🙏Transfer of Cases to call book and reviving after a long gap without any reasonable explanation is not allowable: Orissa HC
lipped from: https://www.taxscan.in/transfer-of-cases-to-call-book-and-reviving-after-a-long-gap-without-any-reasonable-explanation-is-not-allowable-orissa-hc/260245/ Top Stories By Yogitha S. Yogesh – On March 9, 2023 3:15 pm – 2 mins read The Orissa High Court (HC) held that the transfer of
🙏🙏🙏🙏🙏No Reasonable Cause for Delay in filing Appeal: ITAT Refuses to Condone Huge Delay of 3047 based on Vague Reasons
Clipped from: https://www.taxscan.in/no-reasonable-cause-for-delay-in-filing-appeal-itat-refuses-to-condone-huge-delay-of-3047-based-on-vague-reasons/260110/ Top Stories By Fathima Karama A.M – On March 9, 2023 1:45 pm – 2 mins read The Hyderabad Bench of Income Tax Appellate Tribunal ( ITAT ) has refused to
AO failed to Produce Evidence for Cash Sales: ITAT deletes Addition
Clipped from: https://www.taxscan.in/ao-failed-to-produce-evidence-for-cash-sales-itat-deletes-addition/259777/ Top Stories By Fathima Karama A.M – On March 9, 2023 1:15 pm – 2 mins read The Mumbai Bench of Income Tax Appellate Tribunal ( ITAT ) has deleted the
Monthly Rent paid by Company cannot be Allowed as Expenditure as Flat was Never Used for Business Purpose: ITAT
Clipped from: https://www.taxscan.in/monthly-rent-paid-by-company-cannot-be-allowed-as-expenditure-as-flat-was-never-used-for-business-purpose-itat/260088/ Top Stories By Fathima Karama A.M – On March 9, 2023 12:45 pm – 2 mins read The Pune Bench of Income Tax Appellate Tribunal (ITAT) has held that
👍👍👍Assessment orders passed without affording opportunity of hearing to assessee is violative of principles of natural justice
Clipped from: https://taxguru.in/goods-and-service-tax/assessment-orders-passed-affording-opportunity-hearing-assessee-violative-principles-natural-justice.html Hon’ble Madras High Court in M/s. Novateur Electrical & Digital Systems Pvt. Ltd v. the Assistant Commissioner (ST) and Ors. has quashed the assessment orders
–Deduction u/s. 54F available as nexus sale of gold jewellery & purchase of flat established
Clipped from: https://taxguru.in/income-tax/deduction-u-s-54f-available-nexus-sale-gold-jewellery-purchase-flat-established.html Kishori Dwarakanath Pandey Vs ITO (ITAT Mumbai) ITAT Mumbai held that deduction under section 54F of the Income Tax Act duly available as
👍👍👍👍👍Gujarat High Court: Section 148A – Reassessment- Limitation of notices
Clipped from: https://taxguru.in/income-tax/gujarat-high-court-section-148a-reassessment-limitation-notices.html Case Name: Keenara Industries Pvt Ltd Vs ITO Writ Petition: 17321 of 2022 Date of judgement/order: 07.02.2023 A group of petitions filed writ before the
👍👍👍👍👍Initiation of scrutiny assessment based on wrong facts is untenable in law
Clipped from: https://taxguru.in/income-tax/initiation-of-scrutiny-assessment-based-on-wrong-facts-is-untenable-in-law.html Meena Shirish Kotwal Vs ITO (ITAT Pune) In this case the very basis of initiation of scrutiny assessment is the large investment made
👍👍👍👍👍Interest on capital accounts of partners to be calculated on actual duration basis
Clipped from: https://taxguru.in/income-tax/interest-capital-accounts-partners-calculated-actual-duration-basis.html Savla Agencies Vs JCIT (ITAT Allahabad) ITAT Allahabad held that the interests on the credit balance in the capital account of the partners
👍👍👍👍👍Assessee not required to establish that debt has become irrecoverable for writing off bad debts
Clipped from: https://taxguru.in/income-tax/assessee-required-establish-debt-irrecoverable-writing-bad-debts.html Sohanraj Khimraj Kothari Vs JCIT (ITAT Bangalore) ITAT Bangalore held that it is not necessary for assessee to establish that the debt, in
👍👍👍👍👍AO must give TDS credit on furnishing of TDS certificate by Assessee despite mismatch with NSDL data
Clipped from: https://taxguru.in/income-tax/ao-tds-credit-furnishing-tds-certificate-assessee-despite-mismatch-nsdl-data.html Machine Tools India Ltd. Vs ACIT (ITAT Kolkata) CBDT has issued instruction from time to time to the AO’s qua the manner of
👍👍👍👍👍Additions cannot be made merely on the basis of Form 26AS
Clipped from: https://taxguru.in/income-tax/additions-basis-form-26as.html Sureshkumar K Kataria Vs DCIT (ITAT Rajkot) ITAT notes that there was mismatch in the gross income reported by the assessee viz a
👍Validity of Second notice issued under Section 148 of Income Tax Act without disposing return filed to first notice
Clipped from: https://taxguru.in/income-tax/validity-second-notice-issued-section-148-income-tax-act-disposing-return-filed-first-notice.html Messrs. Elite Pharmaceuticals And Anr Vs ITO (Calcutta High Court) A short question of law involved in this writ petition is that whether
