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ITAT Delhi

Section 43B not attracted in respect of electricity duty: ITAT Delhi

June 3, 2025 1008 Views 0 comment Print

ITAT Delhi held that provisions of section 43B of the Income Tax Act is not attracted to the licensee/assessee in respect of electricity duty. Thus, question is answered in favour of the assessee and hence appeal of revenue dismissed.

Registration u/s 12A Cannot Be Cancelled as Benefit Not Limited to Specific Religious Community

June 2, 2025 1086 Views 0 comment Print

This is an appeal filed by the assessee against the order of Commissioner of Income Tax (Exemptions), New Delhi [CIT(E)] dated 28.06.2023 for cancellation of registration granted u/s 12A and u/s 12AB(4) of the Income Tax Act, 1961 (the Act).

Denial of exemption u/s. 11 for delay in filing Form 10B not justifiable: ITAT Delhi

May 30, 2025 1080 Views 0 comment Print

ITAT Delhi held that denial of exemption under section 11 of the Income Tax Act for delay in filing of Form 10B is not justifiable since condition of filing Form 10B is directory in nature and not mandatory. Accordingly, appeal allowed and exemption granted.

No addition towards share premium as necessary evidence furnished: ITAT Delhi

May 30, 2025 477 Views 0 comment Print

ITAT Delhi held that no addition in respect of share premium under section 68 of the Income Tax Act since necessary evidence along with valuation certificate as per rule 11UA(2)(b) of the Income Tax Rules already furnished. Accordingly, appeal allowed.

Bogus Sales Addition: Reassessment Invalid Due to Lack of Application of Mind & Cross-Examination Denial

May 29, 2025 4836 Views 0 comment Print

Delhi ITAT ruled reassessment notice to AK Lumbers invalid, citing AO’s non-application of mind and denial of cross-examination in bogus sales case.

CPC Bengaluru’s Rs. 16 Lakh Addition Struck Down – ITAT Finds No Jurisdiction Under Section 143(1)

May 27, 2025 5493 Views 0 comment Print

Income Tax Appellate Tribunal deletes addition of Rs. 16.04 lakhs, ruling CPC lacked jurisdiction for adjustment under Section 143(1) of the Income Tax Act.

Section 11 Exemption Granted as no Proof of Excessive Salary to Member

May 21, 2025 525 Views 0 comment Print

ITAT Delhi held that denial of exemption u/s. 11 of the Income Tax Act by invoking provisions of section 13(1)(c) without any material brought on record to substantiate that salary paid to members were excessive.

NFAC Erred by Passing Order in Name of Non-Existent Entity; ITAT Directs NFAC to Admit Amended Appeal Post Amalgamation

May 21, 2025 774 Views 0 comment Print

Delhi ITAT addresses an appeal dismissed due to amalgamation, emphasizing that an existing appeal can continue under the amalgamated entity.

ITAT Condones 350-Day Delay in TCS Appeal by District Magistrate

May 20, 2025 447 Views 0 comment Print

The ITAT Delhi has condoned a 350-day delay by the District Magistrate, Budaun, in filing a TCS appeal, citing communication gaps and legal process challenges, remanding the case.

Service of Notice on Old Email Address: ITAT Delhi Voids Reassessment Order

May 20, 2025 1065 Views 0 comment Print

ITAT Delhi quashes reassessment order against Allauddin Qureshi, ruling S.148 notice served on old email invalid when updated info was available. Follows Delhi HC precedent.

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