ITAT Delhi

Addition justified for Unverified corpus donation 

Angika Development Society Vs Asstt. Director of Income Tax (Exemption) (ITAT Delhi)

Where corpus donation could not be verified as donor was not co-operating in providing details, it was rightly treated as unexplained cash credit under section 68....

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Cash Sale of Car cannot be doubted without inquiry| Addition not justified

Mr. Satyender Yadav Vs The Income Tax Officer (ITAT Delhi)

Mr. Satyender Yadav Vs ITO (ITAT Delhi) It is not in dispute that assessee is owner of the Car. The assessee explained that car is sold for cash of Rs.3,21,900/- to Shri Parvender Singh who has executed an affidavit in favour of the assessee, confirming the purchase of the Car. The A.O. did not examine […]...

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ITAT upheld addition for accommodation entry receipts as LTCG

Suman Poddar Vs ITO (ITAT Delhi)

Suman Poddar Vs ITO (ITAT Delhi) The evidences put forth by the Revenue regarding the entry operation fairly leads to a conclusion that the assessee is one of the beneficiaries of the accommodation entry receipts in the form of long-term capital gains. The assessee has failed to prove that the share transactions are genuine and […]...

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Addition for cash deposit in bank justified if Assessee fails to explain source of deposit

Karan Bhalla Vs ITO (ITAT Delhi)

Karan Bhalla Vs ITO (ITAT Delhi) The assessee has given the details of source of the cash which are reproduced in the order of the Ld. CIT(A).However no supporting documents have been filed. The assessee did not produce any independent evidence in support of cash flow statement. No evidence of any amount is received on […]...

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Issuance & service of notice u/s 143(2) at wrong address within knowledge of AO was invalid

Gautam Automobiles Pvt. Ltd. Vs The Income Tax Officer (ITAT Delhi)

Gautam Automobiles Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Since assessee has been consistently disclosing the address to the Revenue Department for the purpose of service and communication at 3, Tansen Marg, Bengali Market, New Delhi and this fact was also admitted by the A.O, therefore, there was no question of service of the notice [...

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Interest on FD taxable on accrual basis if Assessee follows mercantile system of Accounting

DCIT Vs. Delhi Tourism Transporation Corporation Ltd. (ITAT Delhi)

Addition made by AO on the ground that although assessee had claimed credit for TDS on the interest income from the bank corresponding interest income was not offered to tax by assessee during the year was justified as assessee was regularly following mercantile system of accounting interest income in question was liable to be taxed in as...

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Exemption u/s 11 allowable on donation by a charitable trust to other for utilization towards charitable objects

DCIT Vs M/s Divya Yog Mandir Trust (ITAT Delhi)

Inter-trust donation by one charitable trust to another for utilization by the donee trust towards charitable objects was proper application of income for charitable purpose in the hands of donee trust and it would not affect the exemption claimed by assessee u/s 11 in any manner whatsoever nor inter-trust donation could be termed as devi...

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Addition u/s 69C on basis of statement of third party without providing opportunity of cross-examination to assessee was invalid

Bhatia Diamonds Pvt. Ltd. Vs ITO (ITAT Delhi)

Addition under section 69C on the basis of statement of third party without granting opportunity of cross-examination to assessee was not valid as it amounted to ivolation of principle of natural justice and against the law...

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Anonymous donations- No section 68 addition if Assessee provides complete list of donors

Shanti Niketan Trust Vs Addl. CIT (ITAT Delhi)

Shanti Niketan Trust Vs ACIT (ITAT Delhi) In the present appeal, the assessee had not only disclosed its donations, but had also submitted a list of donors. The AO proceeded to treat the same as anonymous donations only for the reason that the notices u/s 133(6) of the Act were returned un-served and the assessee […]...

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Document not found during search on assessee cannot be subject matter for addition -section 153A

DCIT Vs Vikas Jain (ITAT Delhi)

DCIT Vs Vikas Jain (ITAT Delhi) Apparently, it appears that the seized document was found at a place other than the place where the search on the assessee has been carried out. Thus, in these circumstances, it cannot be said that this document was found in possession or control of the assessee. If that be […]...

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