ITAT Delhi rules assessment void in MDLR Hotels case due to Additional CIT’s failure to apply mind while granting approval under Section 153D.
ITAT Delhi restored the matter to the file of the Assessing Officer with the direction to pass order after affording reasonable, adequate and effective opportunity of being heard and hence the appeal of the assessee is deserves to be allowed.
Summary of Mikado Realtors P. Ltd. Vs PCIT case: ITAT Delhi ruling on the validity of a revisionary order under Section 263 of the Income Tax Act.
ITAT Delhi quashes AY 2021-22 assessment against Arti Dhall, ruling section 153C was not correctly applied in case linked to Hans Group search.
ITAT Delhi hears Shikha Dhawan’s appeal against LTCG denial on penny stock sale, deemed unexplained income. Accommodation entry alleged.
ITAT Delhi held that while computing total income as per Rule 5 r.w. section 44, provisions of section 14A are not applicable. Further, disallowance method of computation of prescribed under Rule 8D is not applicable while “Book Profit” u/s 115JB.
ITAT Delhi held that reopening of assessment under section 148 of the Income Tax Act based on incorrect facts and incorrect recording of reasons is invalid and bad-in-law. Accordingly, reopening is liable to be quashed.
ITAT Delhi held that concealment of income via bogus share capital transaction duly attracts levy of penalty under section 271(1)(c) of the Income Tax Act. Accordingly, appeal of assessee dismissed and penalty upheld.
ITAT Delhi held that approval memo u/s. 153D of the Income Tax Act is totally silent on the issues involved and has been granted omnibus approval without any thoughtful process being discernible. Thus, assessment order vitiated due to such mechanical approval.
ITAT Delhi overturns LTCG addition for Rajeev Agarwal & Sons due to denial of cross-examination on key statements. Genuine transactions noted.
