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ITAT Delhi

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

January 31, 2024 831 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 4011 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 801 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 1143 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 582 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 4113 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.

No section 272A(2)(k) Penalty for mere Technical Breach: ITAT Delhi  

January 25, 2024 567 Views 0 comment Print

Explore Ambience Developers vs. JCIT case: ITAT Delhi holds no penalty for technical breach under section 272A(2)(k) of the Income Tax Act. Detailed analysis and key insights.

Quasi-judicial authority must decide issue of jurisdiction when raised: ITAT Delhi

January 24, 2024 453 Views 0 comment Print

ITAT Delhi acknowledged the significance of jurisdictional facts and held that a quasi-judicial authority must decide the issue of jurisdiction when raised. The lack of a clear decision on jurisdiction prompted the ITAT to set aside the PCIT’s order and remand the matter for a fresh decision, including the preliminary issue of jurisdiction.

No penalty on addition owing to variation in perception of valuer and that of AO

January 24, 2024 1929 Views 0 comment Print

ITAT Delhi cancels penalty under section 271(1)(c) in Identity Wellness Centre case. Displacement of fair market value supported by valuation report by AO.

ITAT Allows Section 80-IAB Deduction for Car Parking, Health Club, Food Court & Interest Income

January 23, 2024 555 Views 0 comment Print

ITAT’s decision favored Candor Kolkata One Hi-Tech Structures, allowing deductions under Section 80-IAB for on various incomes, including car parking, health club, food court, and interest.

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