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ITAT Delhi

Penalty for Wrong Income Claim Set Aside Due to Reliance on Audit Report

July 29, 2025 687 Views 0 comment Print

ITAT Delhi set aside a Section 271(1)(c) penalty against Kissan Petro Oils Pvt Ltd, as all underlying additions were deleted by the ITAT and claims were based on a CA-certified audit report.

Penalty u/s. 270A(9)(a) cannot be sustained as specific instance of misreporting not stated

July 28, 2025 2199 Views 1 comment Print

ITAT Delhi held that imposition of penalty u/s. 270A(9)(a) of the Income Tax Act without mentioning the specific instance of misreporting in the notice or in order will vitiate the penalty order. Accordingly, penalty deleted and appeal allowed.

Taxability of service receipt in terms of India-Thailand DTAA needs fresh consideration: ITAT Delhi

July 28, 2025 411 Views 0 comment Print

ITAT Delhi held that taxability of service receipt amounts in terms of India- Thailand DTAA needs fresh consideration since relevant documents are not submitted. Accordingly, appellant is directed to submit all the details before DRP.

DVO reference U/s 142A made before initiation of reassessment is invalid

July 28, 2025 1359 Views 0 comment Print

ITAT Delhi rules DVO reference before Sec 148 notice invalid; deletes Rs 2.28 Cr addition in Aerens Group case due to lack of pending assessment.

Discrepancy in ROC records cannot be reason for treating sale of shares as sham transaction

July 26, 2025 321 Views 0 comment Print

ITAT Delhi held that doubting the whole transaction of sale of shares as sham transaction merely on the basis of discrepancy in the record maintained by ROC not justifiable. Accordingly, appeal allowed stating that suspicion howsoever strong cannot taken place of evidence.

Deduction u/s. 10AA allowed on interest received from fixed deposits and loans to employees

July 25, 2025 738 Views 0 comment Print

ITAT Delhi held that interest income from fixed deposits and loans given to employees is eligible for claiming benefit under section 10AA of the Income Tax Act. Accordingly, AO allowed to claim deduction u/s. 10AA and appeal of assessee allowed.

ITAT Delhi Upholds Deletion of addition for Mistaken Capital Liability Classification

July 24, 2025 531 Views 0 comment Print

ITAT Delhi dismissed Revenue’s appeal, upholding the deletion of Rs. 11.23 crore addition, clarifying that capital creditors were mistakenly shown as trade payables.

PCIT Cannot Invoke Revision on Matter Pending Before CIT(A): ITAT Delhi

July 24, 2025 696 Views 0 comment Print

ITAT Delhi rules PCIT’s Section 263 invocation on interest disallowance invalid when loan addition is pending before CIT(A), citing judicial precedent.

₹28.88 Lakh Addition reduced to ₹3.88 Lakh in Demonetization Cash Addition Case

July 24, 2025 390 Views 0 comment Print

Delhi ITAT reduces addition for demonetization cash deposits, acknowledging family savings. It also clarifies Section 115BBE applicability post-April 1, 2017.

Addition merely on basis of available information without independent investigation is unsustainable

July 24, 2025 2091 Views 0 comment Print

ITAT Delhi held that addition towards earning fictitious profit by misusing Client Code Modification Facility merely on the basis of information received from Investigation wing without carrying out independent investigation is unsustainable in law. Accordingly, appeal of revenue dismissed.

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