Judgements Uploaded By Users In Category: Income-Tax Act
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The ITAT Delhi has held that Reassessment proceedings Section 147 - Where notice under section 148 was issued not only in contravention of provisions of section 151 as sanction of concerned Specified Authority as prescribed i.e PCCIT was not obtained, but same was also time-barred as per provisions of section 149 as same was issued after three years, therefore, impugned notice… Read More ...
The Delhi ITAT has held that Hon'ble Delhi ITAT held that mechanical approval cannot be sustainable in law in the light of judicial dicta available. The approval memo is totally silent on the issues involved and has granted omnibus approval without any thoughtful process being discernible. A single approval u/s 153D has been accorded in respect of Three assessment years and… Read More ...
The Bombay High Court has held that S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reassessment notice issued after 29.03.2022 by Jurisdictional AO instead of Faceless AO is without jurisdiction and void ab initio-DRP cannot ignore binding jurisdictional High Court ruling in Hexaware Technologies Ltd-Refusal to follow jurisdictional precedent is impermissible-the Court also cautioned the tax authorities that continued disregard… Read More ...
The Mumbai Tribunal has held that S. 11 : Property held for charitable purposes-CSR Contributions- Tied-up Grants-CSR contributions received by a charitable trust as an implementing agency, with specific donor restrictions and monitoring, are in the nature of tied-up grants- Delay in filing Form 10 for accumulation is a technical lapse, and where bona fide hardship is shown, such delay deserves… Read More ...
The INCOME TAX APPELLATE TRIBUNAL DEHRADUN has held that Section 153A and section 148/147 cannot be initiated for the search year.The Assessee can only be assessed u/s 143(3)for the search year. Read More ...
The Ahmadabad ITAT has held that Where audit report in Form No. 10B was already filed and available on record, when assessee's return was processed by CPC, denial of exemption under section 11 merely on account of alleged belated filing of Form No. 10B, was not justifiable. Further the learned CIT(Appeals) erred in declining to condone the delay of 1021 days… Read More ...
The ITAT Mumbai has held that For the purpose of treating an asset being office premises as a part of the 'block of assets', it is not necessary that the possession of the office premises should have been given to the assessee. Once payment is made and there is a registered agreement, the office premises acquired during the year could be… Read More ...
The Hon'ble Mumbai ITAT has held that once the assessee discharged its onus by furnishing confirmations, PAN, ITRs, bank statements, and proof of repayment within the same year, reliance by AO/CIT(A) solely on the statement of an entry operator was unsustainable—particularly when the statement was retracted and cross examination was denied. 📂 Facts • Assessee received unsecured loans of ₹50 lakh from… Read More ...
The Hon'ble Mumbai ITAT has held that 📌 Penalty under Section 271(1)(c) unsustainable when basis of levy altered — ITAT Mumbai deletes penalty on estimated addition. ________________________________________ 📰 Compliance Bulletin Case: Amish Anantrai Modi vs DCIT [I.T.A No.6281/Mum/2025] Forum: Hon’ble ITAT, Mumbai Issue: Validity of penalty u/s 271(1)(c) when the foundation of addition changes ⚖️ Facts • Addition made u/s 68 on… Read More ...
The Hon'ble Mumbai ITAT has held that Reopening quashed as AO did not disposed objection against reopening filed by the assessee. Background: • The assessee’s original assessment (AY 2013-14) was framed under section 143(3) r.w.s. 153C in 2016, with additions for alleged bogus LTCG. • That assessment was quashed by ITAT in 2021. • Subsequently, the AO issued a notice under section… Read More ...