ITAT Delhi held that notice under section 274 r.w.s. 271(1)(c) of the Income Tax Act issued without specifying the specific charge or limb i.e. without striking off the irrelevant limb is erroneous. Accordingly, penalty order u/s. 271(1)(c) cannot be sustained.
The core issue was whether the Revenue could make a Section 68 addition when the same share investors and identical facts were previously validated by the ITAT in earlier years. The Delhi ITAT upheld the principle of judicial consistency, confirming the deletion of the full addition and concluding that without new evidence, the genuineness of the share application money stands proven.
The Delhi ITAT ruled that a tax addition based on a vague name in uncorroborated loose papers is invalid without direct evidence linking it to the assessee. The decision emphasizes that suspicion from such dumb documents cannot replace concrete proof in tax assessments.
ITAT Delhi held that assessment under section 153A of the Income Tax Act based on common approval under section 153D of the Income Tax Act is non-est in the eye of law. Hence, the same is liable to be quashed.
ITAT Delhi held that mere presence of blank cheque without there being any other evidence, proving earning of any income or making of any capital transaction, the same cannot be treated as income. Accordingly, ground raised by revenue dismissed.
The Tribunal held that since the Delhi High Court had restored the Industrial Park’s original Rs. 80 IA approval, the subsequent disallowance based on the quashed withdrawal was invalid. This affirms that a valid judicial ruling overrides the Central Government’s withdrawal order, securing the tax benefit for the taxpayer.
The ITAT Delhi dismissed the Revenue’s appeal, ruling that when sales are accepted and only purchases are proven bogus (due to non-existent suppliers/cancelled GST), only the profit element embedded in the purchases can be taxed, not the entire Rs.69C expenditure. The Tribunal upheld the application of the assessee’s own 1.39% Gross Profit rate on the bogus purchases, rejecting the AO’s arbitrary 25% addition.
The ITAT Delhi ruled that a business’s cash deposits during the demonetisation period were not unexplained under 68, provided they were sourced from genuine sales. The Tribunal deleted the entire addition, holding that the lower authorities stock calculation was flawed and statutory records (VAT, Audited Books) corroborated the sales genuineness.
The ITAT Delhi remanded the disallowance of employee PF/ESI contributions under 36(1)(va), holding that the due date for deposit is calculated from the actual date of salary disbursement, not the calendar month of accrual. The AO was directed to verify if the deposit was made within 15 days of the month of actual payment to allow the deduction.c
The issue was whether high cash sales recorded before demonetisation, and subsequently deposited, could be taxed as unexplained income. The ITAT ruled that since the sales were already recorded, audited, and offered for tax, the deposits could not be taxed again under Section 68 or 69. The key takeaway is that when books of accounts are accepted and corroborated by stock and VAT returns, genuine sales receipts cannot be subjected to double taxation based on mere suspicion or averages.
