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ITAT Delhi

No Section 69 addition merely for cash deposit in Saving Bank Account

May 30, 2020 4479 Views 0 comment Print

The issue under consideration is whether the addition made by the A.O. for cash deposited into saving bank account by the assessee is justified in law?

Section 12AA registration cannot be rejected merely on suspicion

May 30, 2020 2046 Views 1 comment Print

The issue under consideration is that whether the CIT(Exemptions) is correct in rejecting the application seeking grant of registration u/s 12AA of the Act?

POA holder is authorised to sign appeal form of Foreign Company

May 30, 2020 2901 Views 0 comment Print

The form of appeal shall be verified by the person who is authorised to verify the return of income under section 140 of the act as applicable to the assessee. According to the provisions of section 140(c) of the act, the first proviso says that where company is not a resident in India, the return may be verified by a person who holds a valid power of attorney (POA) from such company to do so.

Section 43B Not Applicable on RTO Registration Fees collected from Customers 

May 30, 2020 5862 Views 0 comment Print

The issue under consideration is regarding applicability of provision of section 43B on the registration fees collected from the customers on sale of the vehicles?

Stamp Duty & Registration charges for execution of Lease Deed allowable

May 30, 2020 12690 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing claim of stamp duty and registration charges by considering it as capital expenditure?

Non filing of return | Section 44AD | Application of 8% Rate by AO justified

May 29, 2020 3216 Views 0 comment Print

The assessee company was in the business of Sale and Service of CCTV cameras and other security equipment’s. Total receipts for the year under consideration was Rs. 3,54,30,497/- and still they have not filed return under income tax.

Inability to reply email notices due to computer illiteracy is genuine reason

May 29, 2020 3555 Views 0 comment Print

In the given case, the Karta of the HUF, Mr. BM Sarin is more than 70 years old and has closed his business. The notices were sent through emails but the assessee being a senior citizen could not look into those emails.

Section 69A Addition based on deposits in bank by ignoring withdrawals was not justified

May 29, 2020 8949 Views 0 comment Print

ITAT Delhi ruling on cash deposit issue. Assessing Section 69A addition to the assessee’s income. Understanding the ITAT judgment and its impact.

Date of possession as date of purchase of flat for Section 54F exemption allowed

May 29, 2020 8634 Views 0 comment Print

The contention of the assessee is that since final consideration was paid and the possession of flat was received within a period of one year prior to the date of transfer of capital asset, the same should be considered as the date of purchase. Whereas, the stand of Department is that the date of execution of agreement for purchase of flat should be considered as the date of purchase.

Revised minimum threshold limit of tax effect also applies to pending appeals 

May 28, 2020 21348 Views 0 comment Print

Revised enhanced minimum threshold limit of tax effect of Rs. 50,00,000 vide recent CBDT Circular No. 17/2-19, dt. 8-8-2019 was applicable not only for appeals to be filed by revenue in future; but also for appeals already filed by revenue in ITAT. Accordingly, all existing appeals in ITAT, having tax effect below revised/enhanced limit of Rs. 50,00,000, had to be treated as withdrawn/not pressed, and therefore, not maintainable.

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