The present appeals are filed by the Revenue and Assessee against different orders of the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi dated 04.08.2022 for the assessment years 2017-18 & 2018-19.
Delhi ITAT partially allows Rohit Goel’s appeal against ACIT, addressing unexplained cash deposits, out-of-book purchases, and assessing income based on bank credits.
ITAT Delhi held that offshore supply of equipment revenue couldn’t be taxed in India. Thus, once it is not assessable even under the normal provisions, section 44BBB would also not apply. Accordingly, appeal allowed.
ITAT Delhi held that approval accorded u/s. 153D in stereotype manner and single approval has been granted for various Assessment Years is invalid sanction. Thus, order passed based on invalid sanction accorded u/s. 153D is liable to be quashed.
Delhi ITAT upholds Section 54 exemption for Vinod Gugnani, ruling that delayed deposit in CGAS does not bar relief if funds are invested within the statutory period.
Delhi ITAT set aside penalties against Delhi Building & Others for Assessment Years 2007-08 and 2008-09, citing the Assessing Officer’s failure to specify the charge under Section 271(1)(c) of the Income Tax Act
The ITAT Delhi addressed cross-appeals in Amit Gupta vs. ACIT, ruling on Section 54B deduction based on extended return filing dates and clarifying Section 54F exemption for jointly owned property.
ITAT Delhi held that in case of bogus purchases only profit element embedded should be taxed and entire amount of purchases cannot be taxed. Accordingly, AO directed to apply profit rate of 5% on unverifiable purchases.
ITAT Delhi held that different floors of a property cannot be construed as independent residential unit and instead had to be construed only as a single residential unit for purpose of claiming deduction u/s. 54F. Accordingly, grounds raised by revenue dismissed.
ITAT Delhi provides relief to Sanjay Store, ordering fresh assessment in ₹4.16 Cr demonetization case due to partner’s depression & father’s death. Penalties sent back.
