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Search results for: itat

Ahmedabad ITAT's Order In Case of Umang Hiralal Thakkar vs DCIT

Ahmedabad ITAT: ITR Filing Must be Done on Time to Claim Tax Benefit U/S 80IB(10)

The Ahmedabad bench of the Income Tax Appellate Tribunal ( ITAT ) witnessed that Income Tax Return filing within the last date is mandatory for claiming deduction u/s 80IB (10) of the Income Tax Act, 1961. The taxpayer was selected by scrutiny and notice u/s 143(2) was issued dated 04-03-2008 and served consequently. The other […]

Kolkata ITAT's Order for Jankalyan Vinimay Pvt. Ltd

Kolkata ITAT: Can’t Claim Tax Deduction for Unpaid Employee Contributions (PF & ESI) to Account

The Kolkata ITAT learning that the taxpayer’s returns have been processed in the Computer Processing Centre held that when the auditors have reported in the audit report that employees’ contributions have been deducted by the taxpayer from the employee’s salaries but not deposited within the deadline furnished under PF&ESI Act, assessee could not avail for […]

Delhi ITAT's Order In Case of Vishram Sahakari Awas Samiti Limited Vs ITO

No Addition with Explanation of 3 to Section 147: ITAT Delhi Deletes Order

The assessment order is been quashed by the Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) since no addition was incurred based on the reason to believe recorded by the Assessing Officer ( AO ) for reopening the assessment u/s 148 of the Income Tax Act, 1961. CIT(A) based on the points […]

Mumbai ITAT's Order for Shri Ajit Chandrashekar Dighe

Mumbai ITAT: Employees Need to Prove TDS Deduction While Making Deposit to Company

Often the employees unfortunately reveal that while the tax has been duly deducted at source (TDS) against their salary income, the same does not get deposited by the employer with the government. The Mumbai bench of the Income-Tax Appellate Tribunal (ITAT) decision stressed that the accountability of proof of TDS against the salary income is […]

Mumbai ITAT's Order for AJR Infra and Tolling Limited

ITAT Mumbai Denies Tax Deduction U/S 80 IA for Individuals in Works Contract

The claim of deduction u/s 80 IA of the Income Tax Act, 1961 expressing that the same is not available for the individuals encountered in performing work contracts has been rejected by the Mumbai bench of the Income Tax Appellate Tribunal (ITAT). To claim deduction u/s 80IA of the Income Tax Act is the only […]

Rajkot ITAT's Order for Shri Ketan Prabhulal Dalsaniya

Wife’s Income Taxed, Husband Can’t Be Taxed Again by AO: Rajkot ITAT

While accepting that the income discovered to be belonging to the taxpayer’s wife in scrutiny assessment was duly offered to tax, the Rajkot ITAT condemned the I-T Department from taking the opposite opinion and taxing it in the hands of the assessee according to the foundation that his wife was not functioning any business. The […]

Chandigarh ITAT's Order In Case of Manuj Jain HUF verses Pr. CIT

Chandigarh ITAT: Higher Official Can’t Use Revisionary Authority U/S 263 if AO Conducted a Proper Investigation

Finding that the taxpayer operates seasonal trade in hosiery items duly backed by documentary proof, which AO investigated accepting the said transactions and resultant profit has been carried to tax, the Chandigarh ITAT said that the PCIT cannot be allowed to invoke his jurisdiction under section 263 only because he assumes that there is the […]

Mumbai ITAT's Order for Shri Ajit Chandrashekar Dighe

Mumbai ITAT: Assessee Must Submit Form 26AS or 16 to Verify TDS Credit Claim on Non-Granting

During remanding the case back for re-adjudication, the Mumbai ITAT stated that the prima facie onus shall be on the taxpayer to verify its claim of non-granting of TDS credit, by furnishing pertinent documents, like an appointment letter, salary slips or Form No.16 or bank statements, or any other corroborative evidence/ documents. The Bench of […]

Mumbai ITAT Order In Case of Dilip B Patel Vs DCIT

ITAT Mumbai Nullifies Assessment Order Due to Lack of Valid Satisfaction Before Giving Notice U/S 153C

The assessment order is been cancelled by the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) without recording valid satisfaction before issuing notice under Section 153C of the Income Tax Act, 1961. When a search was performed by the council the taxpayer Dilip B Patel was not searched. But an investigation was performed on […]

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