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ITAT Delhi

Section 153A Assessment can be carried out only on the basis of seized material

August 3, 2022 1248 Views 0 comment Print

AGM Properties P. Ltd Vs ACIT (ITAT Delhi) To recapitulate the facts, it is an admitted position that for AY 2013-14 the assessee had originally filed its return of income under section 139(1) of the Act on 15.11.2014 and assessment under section 143(1) of the Act was completed on 15.11.2013. The time limit for issuance […]

Mere non availability of stock register not sufficient to reject trading results

August 2, 2022 990 Views 0 comment Print

Mere non availability of stock register cannot be sufficient to reject trading results when the audited final accounts and other sources including the VAT data are available to cross verify the trading results including the sales verification.

Section 54 Deduction on Multiple Residential Houses allowable if Units are in Same Physical Location

August 1, 2022 2592 Views 0 comment Print

In the present case the claim of deduction under section 54 of the Act is for a residential house built up on three adjacent contiguous plots. He further observed that the principle of multiple residential houses/units holds good till these units are in same physical location and contiguous to each other.

ITAT Imposes Cost on Assessee for negligence to Income Tax Notices

August 1, 2022 246 Views 0 comment Print

Satya Prakash Vs ITO (ITAT Delhi) ITAT consider it necessary to impose a token cost of Rs.2,000/- to the assessee in aggregate owing to continued negligence shown to the statutory notices at both the levels. The assessee shall deposit the cost awarded in favour of ‘The Prime Minister Relief Fund and receipt thereof shall be […]

Ambiguity in penalty notice & findings make order levying penalty void ab initio

August 1, 2022 657 Views 0 comment Print

Triune Energy Pvt Ltd Vs DCIT (ITAT Delhi) In regard to second charge for which penalty is levied for interest on TDS it can be observed that the ld AO in his assessment order had not mentioned a word regarding his satisfaction for proceeding with penalty proceedings u/s 271(1)(c) of the Act while passing the […]

Expenses incurred for business allowable irrespective of income from such expense

August 1, 2022 477 Views 0 comment Print

If expenses are incurred for business, the same should be allowable as deduction and it is not necessary that expenditure may result in income or there must be substantial income.

Cairn UK eligible to claim Benefit of reduced tax rate U/s. 112(1) on sale of equity shares of Cairn India

July 31, 2022 1146 Views 0 comment Print

HC after analyzing the provisions of section 48 and 112(1) of the Act has concluded that the assessee is entitled to avail the beneficial tax rate under section 112(1) of the Act.

Section 54EC Deduction applicable within 6 Calendar Months from Property Transfer date

July 31, 2022 4164 Views 0 comment Print

Naresh Chand Vs Income Tax Officer (ITAT Delhi) In the instant case, the sale deed was made in the month of October, 2013 therefore, the Assessee was supposed to invest u/s. 54EC of the Act within ‘six calendar months’ starting from November onwards and upto the month of April, 2014, which in the instant case […]

No penalty for Bonafide Non-compliance with section 44AB Tax Audit Requirement

July 31, 2022 1182 Views 0 comment Print

Senapati Satija Vs ACIT (ITAT Delhi) In Section 271B of the Act, the discretion has been given to the Assessing Officer to direct the assessee to pay by way of penalty a sum equal to one-half percent of the total sales etc. etc. The provisions empower the Assessing Officer to levy the penalty as per […]

Reopening based on tangible material is valid if Assessee not filed Income Tax Return

July 31, 2022 606 Views 0 comment Print

Roop Raj Hospitality (P) Ltd Vs ITO (ITAT Delhi) Admittedly, in the present appeal, the assessee has not raised any ground on merits challenging the addition sustained by learned Commissioner (Appeals). On a query from the Bench, learned counsel appearing for the assessee submitted that assessee has accepted the addition sustained by learned Commissioner (Appeals). […]

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