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ITAT Delhi

ITAT slams dept for fixing hearing on Very Next day of Show-Cause Notice

March 13, 2022 1587 Views 0 comment Print

Sheela Devi Vs PCIT (ITAT Delhi) ITAT observed total lack of opportunity by PCIT while concluding the proceedings under Section 263 of the Act. It is apparent from the records that solitary show cause notice issued to the assessee was for attendance on the very next date, i.e., 26.03.2021 in substitution of the first show […]

ITAT imposes cost on Assessee for failure to attend before CIT(A)

March 13, 2022 1104 Views 0 comment Print

Explore the ITAT Delhi’s decision in Anant Media Pvt. Ltd. vs. ACIT case. Learn about the challenges, legal principles, and the directive to the assessee for a fresh hearing. Understand the implications of the share premium disallowance and the significance of complying with authorities’ notices.

Loss due to forfeiture of security deposits given for lease of rental premises allowable

March 13, 2022 6804 Views 1 comment Print

ACIT Vs Benetton India Pvt. Ltd. (ITAT Delhi) The assessee submitted that the advances written off is not a capital loss as it is written off as security deposits against the shops obtained on rent. Such write off of security deposits was incidental to the business of the assessee and was for running its operations. […]

Section 271(1)(c) Penalty notice issued without strike off of irrelevant part not sustainable

March 12, 2022 3588 Views 0 comment Print

Kanshi Ram through Legal heir Sh. Sanjeev Kumar Vs ITO (ITAT Delhi) On perusal of the notice issued u/s 274 read with section 271(1)(c) of the Act we observe that the notice issued was stereotyped and the Assessing officer has not specified any limb or charge for which the notice was issued i.e., either for […]

ITAT directs dept to check residential status of Barclays Bank before disallowing interest paid to it

March 11, 2022 810 Views 0 comment Print

Bajaj Foods Ltd Vs The ITO (ITAT Ahmedabad) Undeniably the interest paid to Barclays Bank by the assessee has been added to the income of the assessee for non deduction of tax at source thereon as per section 195 of the Act treating the said Bank to be a non redident. The order of the […]

ITAT deletes addition for surcharge accrued/levied on electricity bills but not realized

March 11, 2022 477 Views 0 comment Print

DCIT Vs Dakshin Haryana Bijli Vitran Nigam Ltd. (ITAT Delhi) The only dispute in this appeal is with regard to the addition of Rs.328,69,90,916/-, on account of non-inclusion of “surcharge accrued/levied on electricity bills yet not realized during the year” in the assessee’s total income. ITAT held that There is no dispute over the fact […]

Section 263 proceedings against a dead person are null and void

March 8, 2022 3255 Views 0 comment Print

Sheela Devi (wife- legal heir of Vas Dev (deceased) Vs PCIT (ITAT Delhi) We have heard the rival submissions and perused the material placed before us and case laws cited. Firstly, we consider it expedient to address ourselves on legality of show cause notice and consequent revisional order passed under Section 263 of the Act. […]

Consideration for accessing Database cannot be treated as Royalty

March 6, 2022 1221 Views 0 comment Print

Dow Jones & Company Inc. Vs ACIT (ITAT Delhi) In the case in hand, the revenue derived by the assessee from granting limited access to its data base is akin to sale of book, wherein purchaser does not acquire any right to exploit the underlying copyright. In the case of a book, the publisher of […]

ITAT allows HRA allowance for Rent paid to Spouse

March 6, 2022 15123 Views 0 comment Print

Abhay Kumar Mittal Vs DCIT (ITAT Delhi) it was submitted that Income Tax Act does not prohibit claiming HRA exemption on the rent paid to one’s spouse, that her wife is qualified medical practitioner and she has returned the loan extended to her by the assessee from liquidation of mutual funds and fixed deposits. We […]

Section 234E late fee for defaults prior to 01.06.2015 is not sustainable 

March 5, 2022 2046 Views 0 comment Print

ICMC Projects Pvt. Ltd. Vs ITD (ITAT Delhi) Hon’ble Karnataka High Court in case of Fatehraj Singhvi & Ors. vs. UOI & Ors. 2016 (9) TMI 964 is in favour of the assessee holding that the amendments brought in statute w.e.f. 01.06.2015 are prospective in nature and as such, notices issued u/s 200A of the […]

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