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The decision rendered by co-ordinate bench for AY 2014-15 for all three appeals shall apply mutatis mutandis to this AY also.
Sir Dorabji Tata Trust Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29584 (ITAT-MUMBAI)
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Revenue had decided the issue of beneficial ownership of interest only on the basis of information of assets and liabilities provided in the return of income which was mistakenly reported by assessee as Nil.
Betoking Ltd Vs ACIT
(2022) TaxCorp(LJ) 29583 (ITAT-DELHI)
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Right to receive interest on government and other securities arises on due date only, which falls after the accounting year and accordingly, it cannot be taxed in the accounting year itself.
STATE BANK OF INDIA Vs ACIT
(2022) TaxCorp(LJ) 29576 (ITAT-MUMBAI)
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Assessee is unable to establish that there was any contract for actual delivery of goods and, therefore, the condition precedent u/s 43(5)(a) is not satisfied.
Agarwal Industries Pvt Ltd Vs Dy. Commissioner of Income-tax
(2022) TaxCorp(LJ) 29575 (ITAT-HYDERABAD)
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Notice issued by the revenue is bad in law if it did not specify under which limb of section 271(1)(c).
FCI Asia Pte Ltd Vs DCIT
(2022) TaxCorp(LJ) 29574 (ITAT-DELHI) · Section 271(1)(c)
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To make a claim u/s 80IA, assessee is simply required to file RoI u/s 139(1).
Delhi MSW Solutions Ltd Vs Dy.CIT
(2022) TaxCorp(LJ) 29573 (ITAT-HYDERABAD) · Section 80IA
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Any expense or allowance shall not be allowed from the income assessed u/s 69 but, this Section does not indicate that set off of brought forward business losses shall not be allowed from income assessed u/s 69 for the purpose of calculating tax u/s 115BBE.
ACE Infracity Developers P. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29572 (ITAT-DELHI) · Section 115BBE
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As soon as insolvency proceedings commenced under IBC 2016, all litigations are to be pursued by IRP and not by the company.
Three C Shelters P. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29571 (ITAT-DELHI)
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Assessee has not paid any amount or expressed any willingness to pay 20% of outstanding demand of taxes subject to which stay can be granted as per section amended proviso to Sec.254(2A).
Smt.Yashoda Gundavarapu R.R. Dt. Vs ITO
(2022) TaxCorp(LJ) 29570 (ITAT-HYDERABAD) · Section 254(2A)
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The allegation that some flats were sold at higher rate is vague and general in nature without bringing on record cogent material.
Shivji Amba Gami Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 29569 (ITAT-MUMBAI)
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Since the quantum addition is deleted by the Tribunal, there is no question of levying of any penalty.
Mahindra Electric Vehicles Ltd Vs JCIT
(2022) TaxCorp(LJ) 29568 (ITAT-BANGALORE) · Section 271(1)(c)
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Foreign allowances received by assessee-individual in respect of services performed in Netherlands during AY 2014-15 cannot be taxed in India.
Venkata Rama Rao Vs ITO
(2022) TaxCorp(LJ) 29567 (ITAT-HYDERABAD) · Section 5(2)
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Merely because the explanation furnished by Assessee’s brothers about the creditworthiness for the money advanced to the Assessee was found to be unacceptable to Revenue, it cannot be the reasons to disbelieve the explanation given by the Assessee.
Maruti Nivrutti Navale Vs DCIT
(2022) TaxCorp(LJ) 29566 (ITAT-PUNE) · Section 69A
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The Assessee cannot claim that she was ignorant of law and because of her ignorance, she could not file appeal against the order of the PCIT.
Preeti Madhok Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29565 (ITAT-CHENNAI)
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DDT was paid in time, however, owing to inadvertent mistake in filling the challan, Assessee cannot be denied its vested right to credit of the DDT amount deposited within due date.
Strategic Infosystems Pvt Ltd Vs DCIT
(2022) TaxCorp(LJ) 29564 (ITAT-AHMEDABAD)
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Once a question of law was admitted by the HC in quantum proceedings, the issue becomes debatable and penalty under Section 271(1)(c) cannot be levied.
Linklaters Vs ADIT (IT)-3 (2)
(2022) TaxCorp(LJ) 29563 (ITAT-MUMBAI)
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When the Assessee is in judicial custody, his address during the period of judicial custody does not change and it cannot be said that the Assessee is absconding.
Narayan Kumar Khaitan Vs ACIT
(2022) TaxCorp(LJ) 29562 (ITAT-CUTTACK)
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It is not in dispute that the Assessee is a resident in India in the instant case and thus the taxability of capital gains is to be determined in accordance with the provisions of the Act.
Prabhukumar Aiyappa Kullatira Vs ITO
(2022) TaxCorp(LJ) 29561 (ITAT-BANGALORE)
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When an opportunity of presenting the case, through the video conferring in the faceless appeal proceedings, is now available to every taxpayer, on-demand, the same must also be held to be admissible in the proceedings, if so demanded by the assessee, in the old rules as well.
Bank of India Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29554 (ITAT-MUMBAI)
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Expenditure on account of purchase of shares issued as ESOP is revenue in nature, thus, allowable under Section 37(1).
Morgan Stanley Advantage Services Pvt. Ltd. Vs Commissioner of Income Tax (Appeals)
(2022) TaxCorp(LJ) 29548 (ITAT-MUMBAI)
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