DCIT Vs Indian Hydro Electric Power Pvt. Ltd. (ITAT Delhi) No Incriminating Evidence, Only Excel — ITAT Deletes ₹25 Cr Addition in Moser Baer Group Case Search was conducted on the Moser Baer Group, covering Assessee’s premises. During search, an Excel sheet titled “Funds Position” was found on a group employee’s laptop, showing loan entries. […]
ITAT Delhi held aircraft lease between Irish lessor and IndiGo as operating lease, not taxable in India under Article 8 of the India-Ireland DTAA.
The ITAT Delhi held that additions under Section 153A cannot be made without incriminating material found during search and set aside assessments for AYs 2013–14 and 2014–15.
Delhi ITAT held that cash credits recorded in a cash book attract Section 68 even under presumptive taxation. The Tribunal sustained ₹78 lakh addition but deleted profit addition.
The Tribunal confirmed that employees’ contributions to EPF and ESIC deposited after the statutory due dates are disallowable under Section 36(1)(va). The assessee’s appeal was dismissed as the delay was not condonable.
The tribunal annulled assessment proceedings, holding that the approval under Section 153D was granted in a mechanical, non-application-of-mind manner without separate consideration for each year.
ITAT Chandigarh restricted the unexplained cash addition to ₹2.5 lakh, deleting ₹10 lakh in Sher Singh vs ITO for AY 2017–18, citing partial explanation from agricultural and milk income.
ITAT Mumbai ruled that delay in filing Form 10B by Sacred Heart Church should not deny exemption under Section 11 and remanded the matter for verification.
The ITAT Delhi held that omnibus notices issued under Section 274 r.w.s 271 were defective, invalidating penalties for AYs 2008-09 to 2011-12.
ITAT Amritsar partly allows an appeal, reducing income addition from Rs. 3.88 lakhs to Rs. 6,000 for specified bank note deposits after SEO demonetization.
