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Addition u/s 68 unsustainable as identity, creditworthiness and genuineness of transaction duly proved

July 7, 2023 951 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act unsustainable in as much as identity, creditworthiness of the creditors and genuineness of the transaction duly proved by the assessee.

Dividend earned from Egypt would not be taxable in India as per DTAA: ITAT

July 7, 2023 1023 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal held that expenses made pertaining to Club Membership fees shall be allowed as business expenditure.

Re-assessment order passed against a non-existent entity is bad-in-law

July 7, 2023 6246 Views 0 comment Print

ITAT Delhi held that reassessment order u/s 147 of the Income Tax Act against a non-existent entity is bad in law and vitiated & nullity.

Addition in absence of any incriminating material found during search is unsustainable

July 6, 2023 1569 Views 0 comment Print

ITAT Delhi held that addition made by the A.O. in the absence of any incriminating material found during the search operation conducted u/s 132 of the Income Tax Act is liable to be deleted.

Reasonable addition estimated on the basis of 5% bogus purchase sustained

July 6, 2023 2055 Views 0 comment Print

ITAT Mumbai held that reasonable amount of addition should be made in case of bogus purchase. Accordingly, CIT(A) has justifiably made addition on the reasonable estimate basis @ 5% of the bogus purchase.

Reopening of assessment unjustified as no failure to disclose full and true material facts

July 6, 2023 1497 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 147 of the Income Tax Act unjustified in absence of failure on the part of the assessee to disclose fully and truly all the material facts.

Penalty u/s 271D imposed without any satisfaction is unsustainable

July 6, 2023 2700 Views 0 comment Print

ITAT Delhi held that penalty u/s 271D of the Income Tax Act is without any satisfaction and, therefore, no such penalty can be levied. Accordingly, penalty u/s 271D quashed.

No addition u/s 69 on account of Unexplained Investment on Bank Account

July 6, 2023 4407 Views 0 comment Print

Addition on account of unexplained investments under section 69 could not be made as whatever deposits were made were either out of the past savings or from the loans taken from relatives.

Absence of Email Access is Valid Ground for Condonation of Delay

July 6, 2023 2724 Views 0 comment Print

Explore the significant ruling by ITAT Delhi in the case of Mohammad Saleem Vs ITO, stating that the Assessing Officer cannot perform a second assessment on the same issue within the same assessment year.

Discrediting assessee’s valuation report without substantial reasons and without calling for DVO report is unjustified

July 6, 2023 1239 Views 0 comment Print

ITAT Delhi held that failure to call for DVO report and discrediting the valuation report of the assessee without substantial reasons is unsustainable and bad in law.

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