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ITAT Delhi

Deduction of S.80P(2)(d) was allowed on interest income earned from Cooperative Banks and Savings Accounts

April 7, 2025 717 Views 0 comment Print

Assessee had appealed against the order dated 12.06.2024 and 18.06.2024 passed by Commissioner of Income Tax (Appeals) [CIT(A)] for the AY 2016-17, 2017-18 and 2018-19,challenging the denial of deduction under section 80P(2)(d) on certain interest incomes.

Excise Duty Refund Under Industrial Promotion Scheme Is not taxable: ITAT Delhi

April 7, 2025 528 Views 0 comment Print

ITAT Delhi rules excise duty refund to Jindal Saw Ltd as capital receipt, not taxable. Cites earlier rulings and applies ‘purpose test’ from Ponni Sugars case.

ITAT Delhi Remands Loan Addition Case to AO for Fresh Review of Assessee’s Creditworthiness

April 7, 2025 552 Views 0 comment Print

ITAT Delhi remands loan addition case to AO, citing lack of opportunity for review. Assessee’s loan creditworthiness to be re-examined.

CIT(E) cannot reject application for registration u/s. 80G(5)(iii) in hyper technical manner

April 5, 2025 612 Views 0 comment Print

ITAT Delhi held that CIT(E) has rejected application for registration u/s. 80G(5)(iii) of the Income Tax Act without giving cogent reason by disposing the matter in hyper technical manner without discussing on merits is not tenable in law.

Section 44AD Deemed Profit Rate Not Fixed – ITAT Lowers Milk Sales Margin to 3%

April 4, 2025 1530 Views 0 comment Print

8% deemed profit rate as specified u/s 44AD is not a fixed standard & may vary depending on nature of business – Reduces profit margin on milk sales from 8% to 3%

Non-filing of Form 10B cannot be reason to deny benefit u/s. 11: ITAT Delhi

April 4, 2025 1326 Views 0 comment Print

ITAT Delhi held that rejection of claim of exemption under section 11 of the Income Tax Act for mere non-fling of Form 10B is not justifiable since filing of Form 10B is directory in nature and the same cannot be reason to deny benefit.

Revision u/s. 263 not tenable when AO has taken plausible view: ITAT Delhi

April 3, 2025 1266 Views 0 comment Print

The assessee is a private limited company. Post completion of assessment u/s. 143(3)/153A, reassessment u/s. 148 was initiated. However, AO accepted the contention of the assessee and passed order u/s. 143(3)/ 147.

Re-assessment notice u/s. 148 sent to unrelated e-mail address is invalid service of notice

April 3, 2025 1488 Views 0 comment Print

ITAT Delhi held that re-assessment notice issued under section 148 of the Income Tax Act and sent to unrelated e-mail address is regarded as never served to assessee and hence re-assessment order framed thereon is nonest and bad in law.

Addition based upon invalid Valuation Report not sustainable: ITAT Delhi

April 2, 2025 912 Views 0 comment Print

The assessee argued that the DVO’s report, submitted beyond the statutory six-month period, was invalid. The ITAT agreed, ruling that the valuation report was indeed time-barred and, therefore, the addition based on it was unsustainable.

BSNL Interest on TDS Payment Delay Upheld by ITAT Delhi

April 2, 2025 921 Views 0 comment Print

ITAT Delhi partly allows BSNL’s appeal but upholds interest levy u/s 201(1A) for delayed TDS deposit. Check the details.

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