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ITAT Delhi

Section 271D Penalty Proceedings Void if Quantum Assessment Quashed

March 9, 2025 1380 Views 0 comment Print

ITAT Delhi quashes penalty under Section 271D as Section 153C assessment was declared void for lack of incriminating material, citing Supreme Court precedents.

Section 43A not invocable when there is only reinstatement of fluctuation loss

March 8, 2025 891 Views 0 comment Print

ITAT Delhi held that provision of section 43A of the Income Tax Act not invocable when there is only reinstatement of fluctuation loss as per accounting standards and there is no actual payment or remittance. Thus, appeal allowed.

Mere non-residential use would not render a property ineligible for Section 54F

March 7, 2025 2442 Views 0 comment Print

ITAT Delhi’s ruling in Mahavir Prasad Gupta vs. JCIT (AY 1997-98) addresses Section 54F exemption, long-term capital gains, and interest under Sections 234B & 234C.

Loose sheets found during search has evidentiary value: Addition sustained

March 7, 2025 1686 Views 0 comment Print

ITAT Delhi held that loose sheets picked u/s 132, falls within definition of ‘document’ mentioned in section 132(4) and therefore, it has got evidentiary value. Thus, addition on the basis of loose sheets found during course of search is sustainable.

Refer to DVO Under Section 50C(2) When Sale Consideration Differs from Circle Rate

March 7, 2025 1131 Views 0 comment Print

ITAT Delhi held that when the sale consideration as per conveyance deed and circle rates are different, matter must be referred to valuation officer DVO as contemplated in Section 50C(2). Accordingly, AO directed to refer matter to DVO.

Section 292C’s presumption applies only to person from whom documents seized

March 6, 2025 2145 Views 0 comment Print

ITAT Delhi deletes additions against Sanmati Jewellers due to lack of corroborative evidence and delay in 153C proceedings. Read key observations and case laws.

Section 10AA deduction Cannot Be Denied for Late Return in Absence of Explicit Filing Requirement

March 6, 2025 882 Views 0 comment Print

ITAT Delhi rules in favor of Arvind Kumar Agarwal, allowing Section 10AA deduction despite late return filing. Tribunal highlights absence of mandatory filing clause.

ITAT Deletes Addition of Alleged Bogus Purchases citing lack of evidence

March 5, 2025 1413 Views 0 comment Print

ITAT Delhi deleted additions made on alleged bogus purchases by Rama Hygienic Products Pvt. Ltd., citing lack of evidence and reliance on oral statements.

ITAT Delhi quashing Levy of penalty u/s 271(1) beyond period of limitation

March 4, 2025 15819 Views 0 comment Print

ITAT Delhi quashes penalty on Babu Ram u/s 271(1)(c) as barred by limitation. Penalty order dated April 1, 2022, violated extended timelines due to COVID-19.

Accumulation u/s. 11(1)(a) allowed at 15% of gross receipts: ITAT Delhi

February 28, 2025 7257 Views 0 comment Print

ITAT Delhi held that accumulation under section 11(1)(a) of the Income Tax Act is to be allowed at 15% of gross receipts. Accordingly, appeal of the assessee allowed.

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