The ITAT Delhi deleted a demonetisation-related cash deposit addition for a jeweller, ruling that Section 68 doesn’t apply to recorded sales and that a profit cannot be taxed twice.
ITAT Delhi deleted penalties against Sahara India Commercial, citing a defective “omnibus” notice and a time-barred, invalid reassessment based on “borrowed satisfaction.”
ITAT Delhi held the reopening of an assessment invalid for Viramgam Mahesana Project Limited, ruling against borrowed satisfaction and a “change of opinion” by the Assessing Officer.
ITAT Delhi held that approval granted under section 151 of the Income Tax Act in mechanical manner without application of mind hence reopening of assessment based on such mechanical order is liable to be quashed.
ITAT Delhi held that revisionary order passed under section 263 of the Income Tax Act is liable to be quashed as no disallowance under section 14A of the Income Tax Act is permissible if no exempt income is earned. Accordingly, appeal allowed.
Since no new material or facts had come to light and the AO had already applied his mind during the original assessment, the reassessment proceedings were invalid in law accordingly, Section 148 notice was quashed.
ITAT Delhi ruled that an AO cannot reject a registered valuer’s report without DVO reference, upholding the statutory procedure for property valuation.
ITAT Delhi held that order of special audit held to be void ab-initio since due procedure as mandated under the provisions of Sec. 142(2A) and Sec. 142(2C) of the Income Tax Act has not been followed.
The ITAT Delhi remanded a case to the CIT(A) to determine if the Assessing Officer had an independent belief to reopen an assessment, or if it was based solely on an audit objection. A dissenting opinion quashed the reopening as a change of opinion.
The ITAT Delhi has quashed a reassessment order against Sumit Suneja, finding that the AO quoted a repealed section of law and received a mechanical, undated approval.
