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ITAT Delhi

Reassessment without Service of Section 148 Notice is void ab initio

June 30, 2022 3300 Views 0 comment Print

Naveen Tyagi Vs ITO (ITAT Delhi) HC held that if notice u/s 148 was not served on the assessee in accordance with law the reassessment made consequent thereto was without jurisdiction and liable to be quashed. In the case on hand as the Revenue could not prove the service of notice u/s 148 on the […]

Assessment based on belated Section 143(2) notice is invalid

June 30, 2022 1410 Views 0 comment Print

Roshan Lal Verma Vs DCIT (ITAT Delhi) The validity of impugned assessment order resulting in present appeal is under challenge on the grounds of notice issued under Section 143(2) purportedly barred by limitation. It is the case of the assessee that, in the instant case, assessee has filed the return of income on 14.10.2011 and […]

No Section 41 Disallowance if no Cogent Evidence of Cessation of Liability

June 30, 2022 387 Views 0 comment Print

Jain Peripherals Pvt. Ltd. Vs DCIT (ITAT Delhi) Section 41 postulates disallowance of cessation of liability for expenditure incurred in trading account earlier. In the present case, disallowance has been made by the AO and confirmed by the ld. CIT(A) on the plank that the purchases are not genuine. In our considered opinion, the issue […]

Penalty Notice not Containing Categorical Indication of Furnishing Inaccurate Particulars or Concealment of Particular of Income is invalid

June 30, 2022 609 Views 0 comment Print

It is submitted on behalf of the assessee that the ld. CIT(A) has failed to appreciate that the notice dated 25.02.2013 issued u/s 274 r.w.s.271(1)(c) of the Act is not legally sustainable as it is not disclosed as to if the notice is issued for furnishing inaccurate particulars or concealment of particular income.

Additions in Reassessment Proceedings not Sustainable If no Addition on Primary Grounds

June 30, 2022 3732 Views 0 comment Print

Honble Delhi High Court considering the decision of the Honble Bombay High Court in the case of CIT Vs. M/s. Jet Airways (I) Limited (2011) 331 ITR 236 (Bom.) held that if the Assessing Officer does not make any addition on the primary ground on the basis of which proceedings under Section 147 were initiated he cannot make other additions.

Capital gain arising from conversion of land into stock in trade is assessable in year of sale

June 29, 2022 852 Views 0 comment Print

The undisputed fact is that nothing has happened during the year under consideration, the impugned land was converted into stock in trade in earlier assessment year. It is not in dispute that the agreement between the assessee and Unitech is not an agreement for sale and it is not in dispute that there is no consideration.

Prior to AY 2021-22 Employee’s contribution to PF deposited before due date of filing of ITR allowable

June 29, 2022 1380 Views 0 comment Print

Explore ITAT Delhi ruling in Sandeep Kumar Agarwal vs. ADIT, allowing employer deduction for EPF & ESIC, even if paid post EPF & ESIC due date but before income tax return deadline.

No section 68 addition if Assessee Proves Authenticity of Transaction with Evidence

June 29, 2022 867 Views 0 comment Print

Rupal Jain Vs ACIT (ITAT Delhi) We notice that the assessee has not only discharged the primary onus by filing confirmation and the IT returns and balance sheet of the lenders, the assessee is also stated to have paid interest in most of the cases and deducted TDS thereon. Noticiably, the lenders are the family […]

Only due to mention of PAN, credit or transaction cannot be attributed to assessee

June 29, 2022 6921 Views 0 comment Print

Explore the Madhav Kumar Swarup vs. ACIT case where the attribution of credit card expenditure is contested. Detailed analysis and conclusions provided.

Excise duty/Interest subsidy given in pursuant of industrial policy is capital receipt

June 28, 2022 564 Views 0 comment Print

ITAT held that excise duty subsidy and interest subsidies given in pursuant of new industrial policy were held to be capital receipts.

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