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ITAT Delhi

Interest u/s. 234A leviable till date of payment of tax liability and not till date of filing of ITR

December 26, 2024 2037 Views 0 comment Print

ITAT Delhi held that interest under section 234A of the Income Tax Act is leviable from the first date immediately following the due date till the date of full discharge of entire tax liability. Interest u/s. 234A has no relevance of date of filing of ITR.

Notice u/s. 153C beyond six years prior to relevant searched A.Y. is non-jurisdictional

December 26, 2024 1257 Views 0 comment Print

Search was conducted in the case of Sunstar Group on 19.12.2013. Based on the material found, notice u/s. 153C of the Income-tax Act, 1961 was issued on 20.01.2016. He submitted that the deemed search for the purpose of section 153C is AY 2016-17.

Addition in assessment u/s. 153C in unabated years without incriminating material not sustainable

December 26, 2024 948 Views 0 comment Print

ITAT Delhi held that it is well settled principle of law that no addition can be made in unabated years in assessment u/s 153C of the Income Tax Act without any incriminating material. Accordingly, appeal filed by the revenue dismissed.

AO cannot assume jurisdiction u/s 153C in absence of incriminating material found during search

December 26, 2024 990 Views 0 comment Print

A search and seizure operation u/s. 132 was carried out in the case of assessee by the Investigation Wing, New Delhi on 03.05.2018. The cases of some persons were also covered during search on assessee.

AO cannot take different way of assessing income if mode of income is identical to subsequent years

December 26, 2024 909 Views 0 comment Print

In a recent ruling ITAT Delhi partly allowed the appeal of the assessee and modified the order passed by the AO is modified to restrict the unaccounted income by applying 0.3% of the total credits received during the year.

Trust cannot be denied deductions for clerical errors in Return filing: ITAT Delhi

December 24, 2024 5430 Views 0 comment Print

Arya Samaj G.K.-II disputes typographical errors and exemptions u/s 11 in their appeal to ITAT Delhi for AY 2014-15. Read the full case analysis here.

Section 43B Doesn’t Apply to Unclaimed Service Tax Liabilities: Delhi ITAT

December 22, 2024 879 Views 0 comment Print

ITAT Delhi rules that Section 43B does not apply to unclaimed service tax liabilities, partially allowing the appeals of Sircar Securities for AY 2017-18 and 2019-20.

Initiation of proceedings u/s. 148 based on material found during search invalid: ITAT Delhi

December 20, 2024 7374 Views 0 comment Print

ITAT Delhi held that based on incriminating materials unearthed during the course of search, proceedings under section 153C of the Income Tax Act needs to be initiated. Hence, initiation of proceedings u/s. 148 illegal and void ab initio.

ITAT Delhi remands Matter as CIT(A) Failed to Examine Section 148 Jurisdiction Validity

December 20, 2024 819 Views 0 comment Print

ITAT Delhi remanded the matter back to CIT(A) since CIT(A) failed to examined the validity of jurisdiction under section 148 of the Income Tax Act. Accordingly, order set aside and matter remanded back.

Addition towards portion of expense justified since documentary evidences not produced: ITAT Delhi

December 18, 2024 612 Views 0 comment Print

ITAT Delhi held that CIT(A) wrongly deleted addition made by AO towards one fifth of the expenses since assessee failed to produce documentary evidences of the expenses. Accordingly, appeal of the revenue allowed.

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