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ITAT Delhi

Typographical error should be rectified via rectification application u/s 154

January 2, 2023 3471 Views 0 comment Print

ITAT Delhi held that typographical error is to be rectified by filing a rectification application under section 154 of the Income Tax Act and not by preferring an appeal.

Forfeited commission expense allowable as TDS paid on the same

January 2, 2023 765 Views 0 comment Print

ITAT Delhi held that forfeited for loss of commission or short sales cannot be disallowed as TDS deduction against the same is paid by the appellant in the respective financial year.

Income Tax addition based on mere doubt and suspicion not sustainable

January 1, 2023 2169 Views 0 comment Print

Narender Kumar Vs ITO (ITAT Delhi) Undisputedly, in course of assessment proceeding, the assessee had explained the source of cash deposits in the bank account by stating that it was out of gift received from his grand-father Shri Phool Singh. The Assessing Officer, however, has rejected assessee’s claim as the notice issued under Section 133(6) […]

PCIT not entitled to go beyond reasons related to limited scrutiny

January 1, 2023 609 Views 0 comment Print

Sanjiv Kumar Mittal Vs PCIT (ITAT Delhi) On appraisal of the evidences placed before us, we find that vide notice dated 10.08.2018 specific queries were raised by the AO in relation to the issue raised for the purposes of limited scrutiny, i.e., ‘Payment of tax in cash during demonetization period’. In response, the assessee has […]

Section 44AB: Turnover not include sales affected on behalf of principals

December 31, 2022 669 Views 0 comment Print

Devki Nandan Bindal Vs ITO (ITAT Delhi) The Board has clarified that the turnover does not include the sales affected on behalf of the principals and only the gross commission has to be considered for the purposes of section 44AB where the agents act only as an agent of his constituent and never acts as […]

Bogus Purchases Disallowance restricted to profit element embedded in bogus purchases

December 31, 2022 2202 Views 0 comment Print

In case of Bogus Purchases, the entire purchase cannot be disallowed but the disallowance can be restricted to the profit element embedded in Bogus purchases.

Disallowance u/s 36(1)(va) on payment of PF/ESIC after the due date under the respective Labour Law was valid

December 30, 2022 53667 Views 0 comment Print

Disallowance under section 36(1)(va) on account to late deposit of employees contribution of provident fund was justified as employees contribution retained its character as income by virtue of section 2(24)(x) unless the conditions spelt by Explanation to section 36(1)(va) were satisfied i.e. depositing such amount received or deducted from the employee on or before the due date.

Limitation period of six years for passing order u/s 201(3) is effective only from 01.10.2014

December 30, 2022 2967 Views 0 comment Print

ITAT Delhi held that the limitation period is four years for passing assessment order in case of TDS statement not filed. Limitation period substituted to six years effective only from 01/10/2014.

Cancellation of income tax registration u/s 12AA(3) justifiable as Government declared PFI as unlawful association

December 30, 2022 1056 Views 0 comment Print

ITAT Delhi held that Ministry of Home Affairs, vide Notification dated 27.09.2022 clearly demonstrated the Popular Front of India (PFI) and its associates or affiliates or fronts as an unlawful association and hence cancellation of income tax registration u/s 12AA(3) of the Income Tax Act justified.

Receipt towards Supply of software and automated services are not taxable in India

December 29, 2022 1098 Views 0 comment Print

ITAT Delhi held that amount received from the supply of software and automated services are not taxable in India.

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