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ITAT Delhi

Section 271(1)(c) penalty cannot be imposed instead of Section 271AAA

August 20, 2022 906 Views 0 comment Print

Section 271AAA seeks to impose penalty where undisclosed income is detected during the course of search initiated under Section 132 of the Act on or after 01.06.2007 which condition has been fulfilled

TDS credit allowable in the year in which income offered by assessee

August 19, 2022 2349 Views 0 comment Print

As per Section 199 r.w. Rule 37BA(3), credit for TDS shall be allowed by AO in the year when the income has been offered by the assessee.

Section 44DA not applicable when the amount received doesn’t qualify as royalty/ FTS

August 18, 2022 1722 Views 0 comment Print

Held that as the amount received by the assessee is not in the nature of royalty or FTS, section 44DA of the Income Tax Act will not apply.

ITAT dismisses appeal for non-payment of Court fee despite ample of Opportunities

August 18, 2022 351 Views 0 comment Print

Pankaj Sharma Vs ITO (ITAT Delhi) I find that the present appeal is defective for want of payment of proper Court fee and the assessee has not removed the defect despite having given ample opportunities. I therefore, dismiss the appeal in limine on account of appeal being defective. However, it is clarified that if the […]

Serious Medical Condition of daughter is Reasonable Cause for Delay in filing Appeal

August 16, 2022 660 Views 0 comment Print

Assessee assigned the reason for condoning the delay was that, ‘his daughter was hospitalized in the month which is a reasonable cause

No addition for Cash Gift from Siblings for Medical Emergencies

August 16, 2022 975 Views 0 comment Print

ITAT held that cash gifts received by the assessee from her brother and sister cannot be added as unexplained income under section 69A.

Cost imposed on Assessee for failure to appear on 8 occasions before CIT(A)

August 14, 2022 531 Views 0 comment Print

Asessee has failed to appear on 8 occasions before the ld. CIT(A). Conduct of assessee is clogging justice delivery system. Hence, ITAT directed the assessee to pay Rs.10,000/- to Prime Minister’s National Relief Fund

No prohibition in law on deposit of cash in piece-meals during demonetization

August 13, 2022 1698 Views 0 comment Print

If an assessee has cash available prior to demonetization and if he opted to deposit the same multiple times, there is no prohibition in law for such deposits.

Land cannot be treated as agricultural if Sale Deed demonstrate the same as industrial land

August 13, 2022 3906 Views 0 comment Print

Phool Singh Vs ITO (ITAT Delhi) ITAT do not find any merit into the objection of the assessee that the land in question being agricultural land cannot be treated as capital asset. The sale-deed itself goes to demonstrate that what was being transferred was an industrial land. Therefore, there is no ambiguity on these facts. […]

Mere Non-response from creditors cannot be treated as furnishing of inaccurate particulars of income

August 13, 2022 564 Views 0 comment Print

Royal Rubber Works Vs ITO (ITAT Delhi) Undisputedly, the addition based on which the Assessing Officer imposed penalty under section 271(1)(c) of the Act was on account of sundry creditors. While deciding the quantum appeal of the assessee, the Tribunal has deleted the major part of the addition, accepting assessee’s submission that such amount was […]

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