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ITAT Delhi

Final assessment order invalid as AO failed to pass draft assessment order as required u/s 144C(1): ITAT Delhi

March 15, 2024 981 Views 0 comment Print

ITAT Delhi held that assessee qualifying as an eligible assessee, AO is mandatory required to first pass a draft assessment order as per section 144C(1) of the Income Tax Act. Passing of assessment order without following the mandatory requirement results in invalidation of final assessment order.

Granting statutory approval u/s. 153D without application of mind invalids entire search proceeding: ITAT Delhi

March 15, 2024 510 Views 0 comment Print

ITAT Delhi held that statutory approval given by a quasi judicial authority (here, JCIT) without due application of mind as contemplated in section 153D of the Income Tax Act would be fatal to the entire search assessment proceedings.

Amount considered as undisclosed income cannot be considered  loan to attract provisions of section 271D 

March 14, 2024 738 Views 0 comment Print

Explore the case of K.S. Chawla & Sons (HUF) Vs JCIT, where ITAT Delhi delves into penalty proceedings under section 271D of the Income-tax Act, 1961, with detailed analysis & conclusions.

Revisional jurisdiction u/s 263 unjustified without any error or infirmity in assessment order: ITAT Delhi

March 14, 2024 498 Views 0 comment Print

ITAT Delhi held that revisional jurisdiction u/s. 263 of the Income Tax Act not invocable in absence of any error or infirmity in the assessment order which could make the assessment order erroneous and prejudicial to the interest of revenue.

Political party required to furnish return within due date u/s 139 for claiming exemption u/s. 13A: ITAT Delhi

March 11, 2024 486 Views 1 comment Print

ITAT Delhi held that in order to claim exemption under Section 13A of the Income Tax Act by the political party it is necessary to furnish return of income by the ‘due date’ as per Section 139 of the Income Tax Act.

ITAT Remits Issue to AO: Assessing Loss Without Claim, Reassessment Needed

March 10, 2024 285 Views 0 comment Print

ITAT Delhi remits WLD Investments Pvt Ltd’s case back to AO for fresh assessment on loss and interest disallowance issues, emphasizing fair reassessment.

ITAT Delhi quashes Section 271AAB Penalty for Defective Notice

March 10, 2024 621 Views 0 comment Print

Read how ITAT Delhi deleted penalty u/s 271AAB of the Income Tax Act due to a defective notice in Landcraft Developers (Pvt.) Ltd Vs ACIT case.

No Section 271FA Penalty without Reportable Transactions: ITAT Delhi

March 10, 2024 633 Views 0 comment Print

Read how ITAT Delhi cancelled penalty u/s 271FA in Motor & General Finance Ltd. Vs ACIT case due to absence of reportable transactions.

ITAT direct to Allow LTCG Exemption after verifying status of STT Payment 

March 9, 2024 639 Views 0 comment Print

Explore the ITAT Delhi order on Oriental Insurance Co. Ltd. vs DCIT, addressing additions, exemptions, and disallowances. Get insights into income tax assessments.

Personal Expenses Treated as Income, cannot be treated as Loan for Section 269SS

March 9, 2024 807 Views 0 comment Print

Explore the case of DCIT Vs Platinum Towers Pvt. Ltd. (ITAT Delhi) regarding personal expenses treated as income, penalties under Section 269SS, and conclusions on the matter.

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