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ITAT Delhi

Addition for unexplained cash deposit by CIT(A) justified -ITAT Delhi

March 4, 2021 3789 Views 0 comment Print

Shri Praveen Garg Vs ITO  (ITAT Delhi) There is no dispute with regard to the legal proposition that the First Appellate Authority cannot consider new source of income. However, in the present case the A.O. reopened the assessment because it was found that there were cash deposits in several Bank accounts of the assessee which […]

Amendment restricting Section 54 deduction to only one residential house is prospective

March 3, 2021 6507 Views 0 comment Print

Sanjiv Ahuja Vs ITO (International Taxation) (ITAT Delhi)  Deduction u/s 54 is restricted to only one residential house by the Finance Act 2014 is prospective in nature and is effective from assessment year 2015-16 and not retrospective in nature and that deduction u/s 54 of the Act in respect of investment made in one residential […]

No Section 68 addition merely for Common Address & Directors

March 2, 2021 1911 Views 0 comment Print

The A.O. entirely on different reasons that there is a common Director in 03 companies and common address disbelieved the explanation of assessee. It may not be relevant criteria to decide the issue under section 68 of the I.T. Act, 1961.

No Section 271C Penalty for Non Deduction of TDS If There was Bona Fide & Reasonable Cause

March 2, 2021 2025 Views 0 comment Print

Ghaziabad Development Authority Vs  ACIT  (ITAT Delhi) We find that on the issue of reasonable cause u/s.273B, assessee does has a prima facie case, because as per the CBDT Circular No. 275 dated 21.09.1994, it has been clarified that responsibility for making deduction tax at source u/s. 194A should be that of Collector (Land Acquisition) […]

CSR expenses by Govt Companies under Govt directions allowable

March 2, 2021 669 Views 0 comment Print

RITES Limited Vs Addl. CIT (ITAT Delhi) Perusal of the assessment orders goes to prove that AO has mechanically disallowed the claim of expenditure made by the assessee company towards Corporate Social Responsibility (CSR) and sustainable development without analyzing the fact that assessee company being a Government undertaking is required to incur such expenses as […]

Without Demonstrating any Concealment in Seized Material No Penalty Can Be Levied By AO

March 1, 2021 1122 Views 0 comment Print

Rishabh Buildwell P. Ltd. Vs DCIT (ITAT Delhi) Once the assessee files a revised return under Section 1 53A, for all other provisions of the Act, the revised return will be treated as the original return filed under Section 139. For the Revenue to invoke Explanation-5, it would have to prove that its requirements are […]

Section 153C Assessment invalid if satisfaction note was not recorded

March 1, 2021 4779 Views 0 comment Print

Sanjay Thakur Vs DCIT (ITAT Delhi) It is not in dispute that a search was conducted in the bank premises of HDFC Bank, Ambedkar Road, Ghaziabad, in the case of Bank A/c No.xxx2277 of M/s. A.K Traders. No incriminating material was found during the course of search against the assessee. The satisfaction note have been […]

Enquiry only on limited issues when case selected for limited scrutiny without approval of PCIT

February 28, 2021 2037 Views 0 comment Print

CBS International Projects P. Ltd. Vs ACIT (ITAT Delhi) Assessing Officer can widen the scope of scrutiny even if it is selected for scrutiny assessment under CASS. However, the condition precedent for such action of the Assessing Officer is that he has to seek prior approval of the higher authorities. A perusal of the assessment […]

Depreciation Allowable on owned Assets rented for manufacturing

February 26, 2021 708 Views 0 comment Print

The assessee was entitled to depreciation on owned assets which were rented out to a third party for manufacturing purposes applying assessee’s own case of earlier year.

Provision for actual delays & defaults is ‘ascertained liability’ & allowable

February 24, 2021 1467 Views 0 comment Print

Huawei Telecommunications (India) Pvt. Ltd.Vs. DCIT (ITAT Delhi)  The taxpayer challenged disallowance/confirmation of Rs.1,010,856,249/- & Rs.128,611,894/- for Assessment Years 2012-13 & 2013-14 respectively on account of provision for customer claim on the ground that the amount provided by the taxpayer pertaining to actual delays/defaults occurred as per the terms of the contract entered between the […]

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