ITAT Delhi held that penalty under Section 272A(2)(g) cannot be imposed when TDS delay is due to technical reasons and the assessee has already paid compounding charges and interest.
The tribunal dismissed both assessee and Revenue appeals, confirming that income from accommodation entries can be estimated at 5% of credit entries in the bank. The ruling clarifies that when commissions are claimed on transactions without actual goods delivery, a reasonable percentage can be applied to determine taxable income.
ITAT Delhi upheld that non-deduction of TDS on External Development Charges (EDC) paid to HUDA constitutes default under sections 201(1)/201(1A). Following High Court precedent in Puri Construction, the ruling clarifies that such payments attract TDS under section 194C even without a formal contract.
ITAT Delhi dismissed the appeal challenging PCIT’s exercise of jurisdiction under Section 263, holding that the Commissioner can revise orders even when the matter is pending before CIT(A). Key takeaway: jurisdiction under Sec. 263 extends to unresolved appeals.
Tribunal held that the CIT(A) erred by annulling assessment without addressing issue of alleged bogus purchases and directed a denovo adjudication on merits in compliance with Section 250(4) and (6).
ITAT Delhi set aside the income tax assessment for AY 2020-21 after the proprietor’s death, directing the Assessing Officer to decide afresh on the legal representative’s liability. The ruling emphasizes proper recognition of legal heirs in tax proceedings.
Tribunal remanded issue of unexplained cash deposits under Section 68 to Assessing Officer for fresh verification, citing lack of adequate opportunity and consideration of evidence by lower authorities.
Tribunal held that notional rent on unsold flats treated as stock-in-trade cannot be taxed under Income from House Property. The ruling clarifies that only actual rental income or sale proceeds are taxable, protecting developers from arbitrary assessments.
SC held that even with a breach of insurance policy terms, insurer must first pay accident compensation and can later recover it from vehicle owner under pay-and-recover principle.
Tribunal clarified that a DVO report, being an estimation, cannot form sole basis for additions under Section 69B. Without proof of actual extra expenditure by assessee, such additions are legally unsustainable.
