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ITAT Delhi

Reopening notice invalid if no tangible material to establish escapement of income

March 5, 2022 1833 Views 0 comment Print

ACIT Vs Sh. Ravi Parkash Aggarwal (ITAT Delhi) ITAT have gone through the reasons recorded. The first four lines consists of a factual information received from the DDIT (Inv.), Mumbai, the second part indicates that it has been established from the report that the assessee has taken accommodation entries and the third part consists of […]

Inspection & examination of goods before shipment is not a technical service

March 5, 2022 2478 Views 0 comment Print

The inspection with regard to quality, quantity and weight of the product pre-shipment of rolling coils, non-alloy steel rolls cannot be treated as technical and managerial services as per the provisions of the DTAA and Section 9(1) of the I.T. Act.

ITAT can extend stay beyond 365 days if delay in disposal of appeal is not attributable to assessee

March 5, 2022 1299 Views 0 comment Print

Google LLC Vs JCIT (OSD) (ITAT Bangalore) The Tribunal has held that the where the delay in the disposal of pending appeal is not attributable to the assessee, the tribunal has power to extend the stay beyond a period of 365 days even after the amendment of the third proviso to section 254(2A) w.e.f 1st […]

Allowability of delayed payment of employee’s contribution to PF/ESIC

March 5, 2022 10308 Views 0 comment Print

Rakesh Janghu Vs Circle, 33(1) (ITAT Delhi) On perusal of the records, we observe that the Assessing Officer has made the impugned addition on the ground that the assessee has deposited employee’s contribution towards Provident Fund and ESI amounting to Rs.2,32,41,551/- after due date as prescribed under the relevant Act/ Rules in breach of Explanation […]

Charges for regularizing usage of residential premises for commercial purposes not allowable against house property income

March 4, 2022 2898 Views 0 comment Print

Explore ITAT Delhi’s decision in Amar Chand Garg vs. ACIT. Disallowance of annual mixed-use charges for commercial use. Details of the case and verdict.

LTCG exemption allowed in absence of any link between assessee’s transaction & investigation carried out by DIT

March 3, 2022 1509 Views 0 comment Print

Held that the Revenue has failed to comply to the direction of the Bench in furnishing any report from the AO as to in what manner, the investigation carried out by the Directorate of Investigation, Kolkata and report of SEBI has any link with the transactions carried out by the assessee, we allow the claim of Long Term Capital Gain on account of sale of shares of M/s Esteem Bio Organic Food Processing Ltd. and consequently the exemption claimed u/s 10(38) of the Act.

Annual value of house property cannot be determined on ad-hoc basis when rent realized by assessee in subsequent years is on record

February 28, 2022 1287 Views 0 comment Print

Pavel Garg Vs ACIT (ITAT Delhi) Annual value of house property cannot be determined on ad-hoc basis when rent realized by assessee in subsequent years is on record ITAT finds that the AO has computed 10% of the value of investments in house property whereas the ld. CIT(A) reduced the amount to 5% of the […]

Reopening notice invalid in absence of any tangible material to establish escapement of income for assessment

February 28, 2022 1071 Views 0 comment Print

ACIT Vs Ravi Parkash Aggarwal (ITAT Delhi) Primarily, we find that the reasons recorded by the assessee are too sketchy and does not instill any confidence with regard to the reasons recorded for reopening. It is not even clear whether the assessee has received entries pertaining to loans or purchases. The details of the report […]

Section 69A Addition cannot be made by merely stating that explanation is not acceptable

February 21, 2022 16923 Views 0 comment Print

Vishnu Kumar Garg Vs DCIT (ITAT Delhi) We find the A.O. in the instant case made an addition of Rs.12 lakhs to the total income of the assessee under section 69A of the I.T. Act, 1961 on the basis of entries dated 07.07.2010 and 07.08.2010 found as per Page-14 of Annexure-A1. We find the Ld. […]

No section 68 Addition if Assessee discharges his obligation & AO found no adverse material against assessee

February 20, 2022 882 Views 0 comment Print

ITO Vs Cozy Footwear Pvt. Ltd. (ITAT Delhi) Here in this case, the assessee company has received share application money from three parties. Two of them were Directors and one was a corporate entity M/s Omexpo Enterprises Pvt. Ltd. In so far as the share application money received from Directors, the AO has held the […]

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