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ITAT Delhi

ITAT Quashes Final Assessment Order Passed Beyond Section 144C(13) Limitation

July 7, 2025 1422 Views 0 comment Print

Delhi ITAT voids Rolls Royce India’s assessment order for AY 2017-18, citing the AO’s failure to adhere to the Section 144C(13) time limit for passing the final order.

Loose Papers / dumb documents Lack Corroboration: ITAT Quashes Addition

July 7, 2025 1896 Views 0 comment Print

Delhi ITAT deletes income tax additions based on loose papers, citing lack of corroborative evidence and AO’s failure to conduct independent inquiries, emphasizing dumb documents are not sufficient for additions.

Accommodation Entry Addition Unsustainable Without Evidence: ITAT Delhi

July 7, 2025 1065 Views 0 comment Print

ITAT Delhi quashes an addition made by the DCIT against Virender Verma, finding the accommodation entry allegation unproven due to lack of supporting material and an unrelated seized ledger.

ITAT Delhi Quashes Reassessment due to violation of CBDT Instruction on jurisdiction

July 7, 2025 1677 Views 0 comment Print

The ITAT Delhi set aside a reassessment order against Aashiyana Infrastructure Development Pvt. Ltd., citing a violation of CBDT instructions on jurisdictional limits, as the DCIT passed the order instead of the ITO.

Passing of intimation u/s. 143(1) not tenable as 30 days time for filing response not provided

July 7, 2025 1149 Views 0 comment Print

ITAT Delhi held that intimation under section 143(1) of the Income Tax Act being passed without waiting for the response of the assessee and without providing thirty day time for filing response is not sustainable in law. Accordingly, appeal allowed.

Section 54F deduction allowed as funds utilized within extended period vide CBDT Circular 11/2023

July 7, 2025 789 Views 0 comment Print

ITAT Delhi held that deduction under section 54F of the Income Tax Act duly available since funds are utilized within the extended period of time as per CBDT Circular No. 1/2023 dated 06.01.2023. Accordingly, appeal of revenue dismissed.

Prior period interest expense allowed since there is no loss to revenue

July 7, 2025 696 Views 0 comment Print

ITAT Delhi held that interest expense relating to prior period expenditure is allowable since from the financial positions and profitability declared in the financial statement, it shows that it has no tax effect. Thus, appeal allowed.

No addition u/s. 68 as genuineness and identity of shareholders proved

July 7, 2025 624 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act not justified as genuineness and identity of shareholders proved. Accordingly, appeal of revenue dismissed and CIT(A) upheld.

Cash sales deposited during demonetization cannot be added u/s. 69A

July 5, 2025 1665 Views 0 comment Print

ITAT Delhi held that addition under section 69A of the Income Tax Act towards cash deposited during demonetization cannot be sustained as source of cash deposited is cash sales and the same is already offered to tax. Accordingly, the appeal is allowed and addition is deleted.

Granting single approval u/s. 153D for different assessment years is invalid

July 4, 2025 2901 Views 1 comment Print

ITAT Delhi held that granting of single approval under section 153D of the Income Tax Act for difference assessment years and that too mechanically without application of mind is not sustainable. Accordingly, entire proceedings initiated u/s. 153C quashed.

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