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ITAT Delhi

ITAT Directs AO to Allow Indexed Cost of Improvement & Recompute Capital Gains

February 2, 2024 8649 Views 1 comment Print

Read the full text of the ITAT Delhi order in the Ashwin Kapur vs ACIT case. The ITAT directs the AO to allow the indexed cost of improvement and recompute capital gains under section 48 of the Income Tax Act.

Section 194C TDS on Common Maintenance Charges: ITAT remitts matter back to AO

February 2, 2024 1125 Views 0 comment Print

Explore the ITAT Delhi order in Paramount Restaurants’ appeal against National Faceless Appeal Centre’s decision on TDS deduction for Common Maintenance Charges under section 194C.

Failure to prove identity, capacity & genuineness of transactions: ITAT Upholds Addition of Rs 8.18 Crores

January 31, 2024 849 Views 0 comment Print

Midway Exim Pvt. Ltd. appeals against ITAT Delhi’s order upholding the addition of Rs 8.18 crores u/s 68 of the Income Tax Act. The appeal challenges the reassessment proceedings, notice issuance, and provides detailed analysis on share application money.

Legal fiction for deemed dividend should not be extended to broaden concept of shareholders

January 31, 2024 2496 Views 0 comment Print

Legal fiction created u/s. 2 (22)(e) enlarges definition of dividend only and legal fiction is not to be extended further for broadening concept of share holders.

Pending assessments abate as per Section 153A when a search takes place: ITAT Delhi

January 31, 2024 1722 Views 0 comment Print

In a significant decision, ITAT Delhi quashes assessment order in Rajender Agarwal Vs ACIT case, citing abatement under Section 153A after a search. Detailed analysis of the legal arguments and implications.

ITAT deletes Section 271(1)(c) Penalty s Notice Issued without specifying limb

January 31, 2024 4437 Views 0 comment Print

Read the full text of ITAT Delhi’s order in Orient Clothing Co. vs. ACIT. Penalty under section 271(1)(c) deleted due to vague notices. Analysis and implications discussed.

ITAT uphold section 68 addition for Non-Responsiveness & Failure to Produce Evidence

January 30, 2024 1224 Views 0 comment Print

Read the full text of ITAT Delhi’s order dismissing SSC Hospitality Pvt Ltd’s appeal due to non-compliance with statutory notices and failure to produce evidence under Section 143(3) of the Income Tax Act.

Section 271D & 271E Penalty Requires Pending Proceedings for Relevant A.Y.

January 30, 2024 2133 Views 0 comment Print

ITAT Delhi cancels penalty imposed under section 271E of the Income Tax Act on Pawan Kumar for loan repayment via bank transfer, challenging jurisdiction and citing legal grounds. Full text of the order included.

Time Limit for Section 271D Penalty Starts at AO Initiation, Not JCIT Notice Date: ITAT Delhi

January 30, 2024 1710 Views 0 comment Print

Sunil Dandriyal vs JCIT case underscores significance of understanding the correct starting point for calculating the time limit for penalty proceedings under Section 271D of the Income Tax Act. The decision reinforces the principle that the initiation of penalty proceedings by the AO, rather than the issuance of a show-cause notice by the JCIT, triggers the commencement of the statutory time limit.

Section 68 (unexplained cash credits), not applicable to purchase costs

January 25, 2024 4704 Views 0 comment Print

Explore the ITAT Delhi ruling on Section 68, as it clarifies the applicability to unexplained cash credits and purchase costs in Ishwar R Pujara Vs ACIT case.

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