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ITAT Delhi

Assessment order based on invalid Section 143(2) notice is equally Invalid

June 21, 2022 729 Views 0 comment Print

Uttam Enterprises Pvt. Ltd. Vs ACIT (ITAT Delhi) Assessee had filed its return of income under Section 139(1) on 13.09.2013. Thus, as per proviso to Section 143(2) of the Act, as it existed prior to its amendment by Finance Act, 2016 w.e.f. 01.06.2016, no notice under Section 143(2) of the Act shall be served on […]

TPO cannot disallow aggregation of negative values which was allowed in original order by TPO

June 21, 2022 429 Views 0 comment Print

ACIT Vs GP Global Energy Pvt. Ltd. (ITAT Delhi) In so far as bench marking the international transactions using customs data is concerned we sustain the order of the Ld. CIT(Appeals) as the Ld. CIT(A) observed that the Chennai Bench of the Tribunal in the case of Coastal Energy Pvt. Ltd. Vs. ACIT (supra) held […]

Ruling of AAR is binding upon Revenue authorities

June 21, 2022 1704 Views 0 comment Print

EY Global Services Ltd. Vs ACIT (ITAT Delhi) ITAT finds itself in agreement with the submissions made by the ld. DR for the Revenue. AO has only followed the ruling of AAR in assessee’s own case and as per the provisions of section 245S of the Act, ruling of Hon’ble AAR is binding upon the […]

Section 154 cannot be invoked on debatable issues

June 21, 2022 1881 Views 0 comment Print

South West Pinnacle Exploration Ltd. Vs ACIT (ITAT Delhi) Rectification under section 154 of the Act can only be made when glaring mistake of fact or law has been committed by the officer passing the order becomes apparent from the record. Rectification is not possible if the question is debatable. Moreover, the point which was […]

ITAT upheld partial disallowance of expense which are not fully verifiable

June 21, 2022 576 Views 0 comment Print

Bistro Hospitality Pvt. Ltd. Vs ACIT (ITAT Delhi) Disallowance of Rs.4,00,000/- was made by the AO on adhoc basis on the ground that the amounts claimed under the expenses are neither fully vouched nor fully verifiable, so it cannot be said that the same are wholly and exclusively incurred for the purpose of business. The […]

Cash Gift from Father Taxable on failure to prove creditworthiness

June 21, 2022 37263 Views 0 comment Print

Praveen Kumar Chauhan Vs ITO (ITAT Delhi) Revenue submitted that the assessee failed to explain the source of cash deposits. The only contention of the assessee before the authorities below was that the amount was received as a gift from his father. He submitted that the assessee has merely filed an affidavit. However, creditworthiness of […]

An order not become erroneous & prejudicial to interest of Revenue merely because it is cryptic

June 20, 2022 387 Views 0 comment Print

Merely because assessment order is cryptic one without discussing in detail nature of enquiry conducted and evidences furnished by assessee, it cannot be said that order is erroneous and prejudicial to interest of Revenue.

Section 154: Overlooking of mandatory provision of law in original assessment is rectifiable

June 20, 2022 1590 Views 0 comment Print

Overlooking the mandatory provision of law in the original assessment is apparent mistake of law which is rectifiable under section 154.

Amount invested in capital gain scheme cannot be taxed in the year of investment

June 20, 2022 531 Views 0 comment Print

The amount once invested in the capital gain scheme cannot be brought to tax in the year of investment itself without considering the utilization within the period allowed under the said scheme.

ITAT condone delay in filing appeal as Advocate of appellant was busy in filing GST returns

June 20, 2022 987 Views 0 comment Print

.In the reason for delay in filing the appeal the appellant has stated that Advocate was busy in filing the GST returns and forgot to file the said appeal.

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