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Bogus Purchases: Only GP can be added as undisclosed income

January 14, 2020 10251 Views 1 comment Print

Parnami Pump & Projects Pvt. Ltd. Vs DCIT (ITAT Delhi) Bogus Purchases Cannot Be Wholly Disallowed Without Disallowing Sales Only Gross Profit (GP) Rate Should Be Added as Undisclosed Income We find that the Assessing Officer had issued summons u/s.131 to the proprietor of the said entity from whom assessee has made purchases, but that […]

PCIT cannot revise Invalid Reassessment Proceedings

December 31, 2019 1419 Views 0 comment Print

M/s. Charbhuja Marmo (India) Pvt. Ltd. Vs PCIT (ITAT Delhi) Invalid Reassessment Proceedings can not be Revised Under Section 263 by PCIT It is well settled Law that since re-assessment proceedings are invalid and bad in law, therefore, such proceedings could not be revised under section 263 of the I.T. Act. It is also well […]

Reopening based on inquiries conducted without the authority of law is Invalid

December 20, 2019 1281 Views 0 comment Print

Shri Parmod Kumar Sahai Vs ITO (ITAT Delhi) No reopening permissible on basis of invalid enquiry made under section 133 without approval of competent authority when no proceedings were pending We have perused second paragraph of the assessment order which refers to the inquiry made by the Assessing Officer before issue of notice u/s 148 […]

Construction expense cannot be disallowed merely based on Inspector Report

October 16, 2019 2292 Views 0 comment Print

ITO Vs Shri Deepak Chadha (ITAT Delhi) Mere Doubting Expenditure On Construction Without Evidence On Sole Basis Of Inspector Report Is Invalid In the present case the addition has been made by the ld AO on the basis of mere presumptions. The market value of the flat determined by the ld AO was without any […]

Developing & Providing Study Material Qualifies as Charitable Educational Activity

September 17, 2019 984 Views 0 comment Print

World Institution Development Programme Vs ITO (ITAT Delhi) Developing  Study Material Qualifies as educational Activity which qualifies as a charitable purpose within the meaning of section 2(15) of the Act and eligible for exemption under section 11 and 12 of the Act. Admittedly, the assessee is a charitable trust. It is registered u/s 12AA of […]

Addition not allowed if based solely on Third Party Statement & if his Cross Examination not allowed by AO

February 6, 2019 4236 Views 0 comment Print

We do not have any hesitation is holding that when the addition is made solely on the basis of statement the third party and revenue does not have any other evidences, then without granting opportunity of cross examination , such addition cannot be made.

AO has no jurisdiction when reasons for initiation of Reassessment proceedings cease to survive

December 27, 2018 1338 Views 0 comment Print

ITO Vs Aggregate Finance & Investment P. Ltd (ITAT Delhi) Be that as it may, as adverted to supra, the case of the Ld. AO while recording the reasons was that the assessee derived the income as a provider of bogus accommodation entries. However, the addition was made on account of receipt of share application […]

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