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ITAT deletes Section 271E penalty as assessee is deceased & authenticity of transaction cannot be vouched

April 3, 2022 789 Views 0 comment Print

Mohit Singh L/H of Late Shri Balwant Singh Vs JCIT (ITAT Delhi) As pointed out on behalf of the assessee, an assessment under Section 143(3) r.w. Section 147 was completed in the instant case, wherein the Assessing Officer has not observed any repayment of loan in cash as alleged in the penalty order. On perusal […]

Reopening merely based on AIR information of Cash Deposit is not valid

April 3, 2022 7794 Views 0 comment Print

Udesh Sharma Vs ITO (ITAT Delhi) Admittedly in this case, the AO while recording reasons for selection of the case on the basis of AIR information observed that the Assessee has deposited cash of Rs. 44,00,500/- in his S.B. Account during the F.Y. 2008-09 and therefore issued a verification letter dated 30.10.2015 to the Assessee […]

Penalty order issued in stereotyped manner without applying mind is invalid

April 3, 2022 1263 Views 0 comment Print

Vibracoustic India Pvt. Ltd. Vs Addl. IT (ITAT Delhi) The penalty provisions of section 271(1)(c) of the Act are attracted, where the Assessee has concealed the particulars of income or furnished inaccurate particulars of such income. It is also a well-accepted proposition that the aforesaid two limbs of section 271(1)(c) of the Act carry different […]

Excess share of land received on partition cannot be treated as business income

April 3, 2022 1470 Views 0 comment Print

ITO Vs Undavalli Constructions (ITAT Visakhapatnam) In the instant case there is no dispute that the land in question was purchased as capital asset and remained as capital asset till the partition. No business activity was carried on by the co-owners and the assessee has received the land on partition. The share of land received […]

Section 80P(2)(a) deduction not eligible on Income from house property

April 3, 2022 2004 Views 0 comment Print

ITO Vs Hosdurg Service Cooperative Bank Limited (ITAT Cochin) The CIT(A) had held rental income received by the assessee was not entitled to deduction u/s 80P(2) of the I.T.Act. The relevant finding of the CIT(A) reads as follows:- “The appellant derived rental income amounting to Rs.24,400/- in A.Y. 2007-08, Rs.21,950/- in A.Y. 2008-09, Rs.16,700/- in […]

Performance Guarantee Commission cannot be reckoned as FTS

April 3, 2022 1068 Views 0 comment Print

Dynamic Drilling & Services Pvt. Ltd. Vs ACIT (ITAT Delhi) The only issue before us is, whether tax credit can be allowed to the assessee company on the income offered to tax in India on the tax deducted by the Singapore Company from the Performance Guarantee Commission during the year under assessment. The main reason […]

ITAT set aside assessment order for not providing reason for reopening to Assessee

April 3, 2022 1455 Views 0 comment Print

Radhika Chopra Vs ITO (ITAT Delhi) From the record it is seen that the Assessing Officer has not recorded in the assessment order that the reasons for reopening were supplied to the assessee. Since the reasons for reopening goes to the root of the case and the assessee has legal right to make objection against […]

Without change in circumstances Dept cannot take a different view on methodology of cost allocation accepted in earlier years 

April 3, 2022 555 Views 0 comment Print

Samarath Realities Vs DCIT (ITAT Ahmedabad) To sum up, the main arguments of the assessee are that the land cost varies from block to block and therefore the same is variable. The cost of land gets allocated through registered sale deed and the same is transferred to the land owner. The assessee of the project […]

Lack of cross examination & violation of principle of natural justice – Additions deleted

April 3, 2022 4968 Views 0 comment Print

ITAT held that that lack of cross examination and violation of principle of natural justice results is total nullity of the entire addition. P. Mittal Manufacturing Pvt. Ltd. Vs ITO (ITAT Delhi)

Section 271(1)(c) notice without specifying the relevant limb is invalid

April 3, 2022 2397 Views 0 comment Print

Mohan Exports India Pvt. Ltd Vs DCIT (ITAT Delhi) The penalty provisions of section 271(1)(c) of the Act are attracted, where the Assessee has concealed the particulars of income or furnished inaccurate particulars of such income. It is also a well-accepted proposition that the aforesaid two limbs of section 271(1)(c) of the Act carry different […]

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