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ITAT Delhi

No addition u/s 68 for long-term capital gain on sale of shares as independent investigation was not conducted by AO

February 1, 2025 1146 Views 1 comment Print

When an assessee deposes on oath giving explanation of the reasons and circumstances for investment, the same could not be brushed aside on the basis of general principles of the modus operandi of bogus LTCG claims.

Taxpayer is entitled to raise additional claims before appellate authority: ITAT Delhi

January 31, 2025 996 Views 0 comment Print

ITAT Delhi held that taxpayer is entitled to raise additional claims before appellate authority hence claim for exemption under section 10(15)(iv)(h) for the first time vide additional ground is allowed and matter set aside to file of AO for examining the claim.

Section 12AB registration & 80G approval: ITAT grants another Opportunity to Trust

January 31, 2025 732 Views 0 comment Print

ITAT Delhi remits the case back to CIT Exemption, Lucknow, allowing the Dhananjay Sanjogta Foundation to submit documents for trust registration and 80G approval.

ITAT HC Dismisses Appeals as Withdrawn Due to Settlement Under DTVSVS 2024

January 30, 2025 504 Views 0 comment Print

ITAT Delhi dismisses BRR Securities’ appeals as withdrawn after settlement under the Direct Tax Vivad se Vishwas Scheme, 2024. Case closed on 03/12/2024.

Addition u/s. 68 deleted since denial of exemption u/s. 10(38) not justified: ITAT Delhi

January 30, 2025 468 Views 0 comment Print

ITAT Delhi held that there is no case for making any addition u/s 68 of the Act in the hands of the assessee by denying the exemption under section 10(38) of the Act for the LTCG on sale of shares of Unno Industries Limited. Accordingly, appeal allowed.

No fair opportunity provided to assessee in explaining addition of 14.74 CR: ITAT restored matter to AO

January 29, 2025 576 Views 0 comment Print

Before ITAT it was submitted by assessee that both the lower authorities have erred in deciding the appeal ex-parte. Revenue also admitted that orders of lower authorities were ex-parte.

Section 271(1)(b) penalty confirmed for not signing consent waiver on undisclosed HSBC bank account

January 27, 2025 885 Views 0 comment Print

ITAT Delhi upholds penalty under Section 271(1)(b) against Sanjay Dalmia for not signing consent waiver form related to undisclosed HSBC bank account details.

Section 271(1)(b) cannot be imposed for each non-compliance of Section 143(2) notices

January 27, 2025 8949 Views 0 comment Print

ITAT Delhi ruled in Rekha Rani vs. DCIT that penalty under Section 271(1)(b) cannot be imposed for each non-compliance of Section 143(2) notices, only for the first default.

Undisclosed Foreign Bank Account: No Penalty on mere allegations without substantiated proof 

January 27, 2025 5898 Views 0 comment Print

ITAT Delhi quashes Section 271(1)(b) penalty against Charu Modi Bhartia, citing lack of evidence on alleged foreign bank account ownership with HSBC Geneva.

No Addition for Delay in PF/ESIC Deposits Due to Technical Glitches: ITAT Delhi

January 25, 2025 1536 Views 0 comment Print

 ITAT Delhi partly allowed FIL India’s appeal on tax adjustments, PF contributions, and double taxation of interest on refund under Income Tax Act provisions.

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