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ITAT Delhi

If No Addition Based on Reopening Reasons, Other additions Unsustainable

March 18, 2024 1290 Views 0 comment Print

New Delhi ITAT explains that Explanation 3 to Sec 147 can’t justify additions unrelated to reasons for reopening. Read the detailed analysis.

Jurisdiction u/s 153C assumed based on satisfaction note date when date of handing over of material unavailable: ITAT Delhi

March 18, 2024 363 Views 0 comment Print

ITAT Delhi held that in absence of mentioning the date of handing over of material, date of satisfaction note shall be considered for the purpose of assumption of jurisdiction u/s 153C of the Act and completion of assessment thereafter.

Revision order passed u/s. 263 unacceptable as based on reassessment order which itself is unsustainable: ITAT Delhi

March 18, 2024 414 Views 0 comment Print

ITAT Delhi held that once the reassessment order passed by AO is not sustainable in the eyes of law, any revision order passed u/s. 263 of the Income Tax Act seeking to revise such reassessment order cannot be accepted in the eyes of law. Accordingly, revision order passed u/s. 263 quashed.

Payment to related party cannot be disallowed u/s. 40A(2)(b) as AO failed to prove it as unreasonable: ITAT Delhi

March 18, 2024 510 Views 0 comment Print

Trinity Global Enterprises Ltd. vs. ITO: No disallowance under 40A(2) for supervision and risk management charges. Detailed analysis and conclusions provided.

ITAT deletes estimated addition for alleged payment of margin monies

March 18, 2024 198 Views 0 comment Print

ITAT Delhi directs deletion of derivative loss addition, ruling that proper banking channel payments were made. Details of the case explained here.

Eligible unit deduction u/s. 80IA of the Income Tax Act allowable on gross basis: ITAT Delhi

March 18, 2024 393 Views 0 comment Print

Pragati Power Corporation Ltd vs ACIT (ITAT Delhi) case: Analysis of ITAT decision allowing deduction under section 80IA without offsetting losses from other Industrial Units.

No FBT on Travelling & Conveyance where public transport connectivity was absent 

March 18, 2024 279 Views 0 comment Print

Dive into Prakash Industries Ltd vs ACIT case dissected by ITAT Delhi, detailing FBT exemptions for transport services and medical expenses reimbursement, with expert insights.

Receipt of compensation due to non-renewal of contract not taxable u/s. 28(ii)(e): ITAT Delhi

March 16, 2024 393 Views 0 comment Print

ITAT Delhi held that as non-renewal doesn’t amount to termination, accordingly, receipt of compensation on account of non-renewal of contract cannot be taxed under section 28(ii)(e) of the Income Tax Act.

Addition u/s 69 deleted as receipt of cold storage rent in cash not reason to doubt genuineness: ITAT Delhi

March 16, 2024 993 Views 0 comment Print

ITAT Delhi held that genuineness and veracity of the party cannot be doubted merely because the cold storage rent was received in cash. Accordingly, addition u/s. 69 of the Income Tax Act towards unexplained investment unjustified.

Addition based on seized document retrieved from third person without cross examination opportunity is unsustainable

March 15, 2024 774 Views 0 comment Print

ITAT Delhi held that addition u/s. 69 of the Income Tax Act based on working/ seized document retrieved from third person without granting cross examination opportunity to the assessee is unsustainable in law.

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