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ITAT Delhi

ITAT allows Carry Forward of depreciation in succeeding assessment years

June 28, 2022 387 Views 0 comment Print

In a crucial decision, ITAT Delhi rules in favor of Nimit Kumar Aneja, allowing depreciation under section 32. Analysis of the case and its implications for carry-forward of WDV.

Order of CIT(A) directing AO to levy penalty u/s 271AAA unjustified

June 28, 2022 459 Views 0 comment Print

It is not open to the First Appellate Authority i.e., CIT(A) to set aside the order of the A.O. and order a remand or to give any directions. Hence, CIT(A) was not justified in giving direction to the A.O. to levy penalty u/s. 271AAA of the I.T. Act, 1961.

Reassessment without service of notice is without jurisdiction

June 27, 2022 909 Views 0 comment Print

ITAT held that where 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 assessee in accordance with law the re-assessment made u/s 147 read with section 144 pursuant to such notice is void ab initio and bad in law.

No penalty for Deduction reduced on account of interpretative process

June 27, 2022 411 Views 0 comment Print

Deduction reduced on account of interpretative process cannot per se be equated with furnishing of inaccurate particulars of income.

Invoking section 263, for comprehensive inquiry made by AO, unsustainable

June 27, 2022 309 Views 0 comment Print

Detailed analysis of Sh. Jai Parkash Garg Vs PCIT case at ITAT Delhi. AO enquiry, PCIT jurisdiction, and conclusion discussed. Appeal allowed on 14/06/2022.

Section 271C penalty not imposable if TDS was not deductible

June 27, 2022 1104 Views 0 comment Print

Assessee has challenged the imposition of penalty under Section 271C of the Income Tax Act for non deduction of tax at source as per provisions of Chapter XVII-B towards amount paid as External Development Charges (EDC) to Directorate of Town and Country Planning, Haryana (Haryana Government) (DGTCP) through banking channel favouring Haryana Urban Development Authority (HUDA).

Substantive additions on protective basis: ITAT restores matter back to AO

June 27, 2022 1638 Views 0 comment Print

Explore the ACIT Vs Zodiac Transport case as ITAT Delhi directs fresh adjudication on protective additions, influenced by the SVP Group entities recent partial relief.

No section 41(1) addition if liability not stood remitted or ceased

June 27, 2022 576 Views 0 comment Print

ITAT Delhi decision in ACIT vs. Foot Mart Retail clarifies that liabilities, outstanding for years, not written off, cannot be added under section 41(1). Detailed analysis of the case.

TDS not deductible on bank guarantee commission

June 25, 2022 2325 Views 0 comment Print

Bank guarantee commission cannot be said to be a commission as intended to u/s 194H of the but it is in the nature of Bank charges charged by the bank for provision of services to the assessee. TDS not deductible.

ITAT Deletes Addition for failure of Revenue to Provide Cross-Examination of Witness

June 24, 2022 507 Views 0 comment Print

Explore the ITAT Delhi ruling in Garg Acrylics Ltd case. Detailed analysis of alleged bogus purchases, challenges to statement validity, and successful reversal of unjustified additions.

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