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.
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.
Delhi ITAT held that AYs 2010–11 and 2011–12 fell outside the limitation for Section 153C and found no valid incriminating material for later years, setting aside all related assessments.
ITAT upheld reopening of assessment but allowed Section 54 exemption, ruling that construction delay due to YEIDA’s possession issues was beyond assessee’s control and thus eligible for relief.
The tribunal upheld deletion of ₹45 crore additions where losses from share transactions were disallowed as bogus. It held that all transactions were recorded, disclosed, and supported by evidence.
ITAT Delhi upholds capital receipt status of E-tax subsidies and deletes disallowances on leasehold expenses, Section 14A, bank charges, and MAT additions for PVR Ltd.
The Tribunal condoned an 86-day delay in filing the appeal, accepting the assessee’s unavoidable family issues as a reasonable cause. This confirms that genuine reasons can justify late appeals under tax law.
The Tribunal held that common area maintenance (CAM) charges are separate from rent and constitute contractual payments, making them liable for TDS under Section 194C. The AO is directed to recompute CAM charges accordingly.
The Tribunal held that the notice u/s 148 issued without prior approval of the specified authority under Section 151(ii) is invalid. The reassessment order for AY 2017-18 was quashed.
The Tribunal held that TDS credit cannot be restricted solely due to differences between reported turnover and Form 26AS if the assessee has correctly offered the income for tax. The appeal was allowed, directing the AO to grant full TDS credit.
