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ITAT Delhi

No FBT on Travelling & Conveyance where public transport connectivity was absent 

March 18, 2024 708 Views 0 comment Print

Dive into Prakash Industries Ltd vs ACIT case dissected by ITAT Delhi, detailing FBT exemptions for transport services and medical expenses reimbursement, with expert insights.

Receipt of compensation due to non-renewal of contract not taxable u/s. 28(ii)(e): ITAT Delhi

March 16, 2024 1062 Views 0 comment Print

ITAT Delhi held that as non-renewal doesn’t amount to termination, accordingly, receipt of compensation on account of non-renewal of contract cannot be taxed under section 28(ii)(e) of the Income Tax Act.

Addition u/s 69 deleted as receipt of cold storage rent in cash not reason to doubt genuineness: ITAT Delhi

March 16, 2024 1623 Views 0 comment Print

ITAT Delhi held that genuineness and veracity of the party cannot be doubted merely because the cold storage rent was received in cash. Accordingly, addition u/s. 69 of the Income Tax Act towards unexplained investment unjustified.

Addition based on seized document retrieved from third person without cross examination opportunity is unsustainable

March 15, 2024 1758 Views 0 comment Print

ITAT Delhi held that addition u/s. 69 of the Income Tax Act based on working/ seized document retrieved from third person without granting cross examination opportunity to the assessee is unsustainable in law.

Final assessment order invalid as AO failed to pass draft assessment order as required u/s 144C(1): ITAT Delhi

March 15, 2024 1959 Views 0 comment Print

ITAT Delhi held that assessee qualifying as an eligible assessee, AO is mandatory required to first pass a draft assessment order as per section 144C(1) of the Income Tax Act. Passing of assessment order without following the mandatory requirement results in invalidation of final assessment order.

Granting statutory approval u/s. 153D without application of mind invalids entire search proceeding: ITAT Delhi

March 15, 2024 987 Views 0 comment Print

ITAT Delhi held that statutory approval given by a quasi judicial authority (here, JCIT) without due application of mind as contemplated in section 153D of the Income Tax Act would be fatal to the entire search assessment proceedings.

Amount considered as undisclosed income cannot be considered  loan to attract provisions of section 271D 

March 14, 2024 1509 Views 0 comment Print

Explore the case of K.S. Chawla & Sons (HUF) Vs JCIT, where ITAT Delhi delves into penalty proceedings under section 271D of the Income-tax Act, 1961, with detailed analysis & conclusions.

Revisional jurisdiction u/s 263 unjustified without any error or infirmity in assessment order: ITAT Delhi

March 14, 2024 1158 Views 0 comment Print

ITAT Delhi held that revisional jurisdiction u/s. 263 of the Income Tax Act not invocable in absence of any error or infirmity in the assessment order which could make the assessment order erroneous and prejudicial to the interest of revenue.

Political party required to furnish return within due date u/s 139 for claiming exemption u/s. 13A: ITAT Delhi

March 11, 2024 1245 Views 1 comment Print

ITAT Delhi held that in order to claim exemption under Section 13A of the Income Tax Act by the political party it is necessary to furnish return of income by the ‘due date’ as per Section 139 of the Income Tax Act.

ITAT Remits Issue to AO: Assessing Loss Without Claim, Reassessment Needed

March 10, 2024 696 Views 0 comment Print

ITAT Delhi remits WLD Investments Pvt Ltd’s case back to AO for fresh assessment on loss and interest disallowance issues, emphasizing fair reassessment.

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