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ITAT Delhi

No addition can be done in case company already strike off from Registrar of companies records

May 15, 2024 1359 Views 0 comment Print

Analysis of the case DCIT vs. KCJ Buildtech Pvt. Ltd. (ITAT Delhi) reveals jurisdictional errors due to the company’s strike off from ROC records. 

CIT(A) can admit additional evidence after giving full opportunity to AO

May 15, 2024 1923 Views 0 comment Print

Sanjeev Mittal Vs DCIT (ITAT Delhi) – CIT(A) can admit additional evidence after giving full opportunity to AO to rebut/offer comments in remand proceeding.

ITAT Deletes Addition After Taxpayer Explains Capital Enhancement Source

May 12, 2024 897 Views 0 comment Print

ITAT Delhi deletes Rs. 89.7 Lakhs addition u/s 68 IT Act in ACIT vs. Daya Rani. Detailed analysis of taxpayer’s explanation for capital enhancement.

Capital Gains from CCL International Shares is genuine: ITAT Delhi

May 12, 2024 1236 Views 0 comment Print

Read the detailed analysis of ITAT Delhi’s order regarding capital gains earned from the sale of CCL International shares. ITAT deemed the gains genuine, deleting the addition under section 69 of the Income Tax Act.

Section 44BB does not override provisions related to PE or DTAA benefits

May 9, 2024 792 Views 0 comment Print

Read the detailed analysis of Computer Modelling Group Ltd. vs. ACIT (ITAT Delhi) regarding interest leviable from the assessee for short payment of tax due to payer’s TDS default before FY 2012-2013.

Section 143(3) Assessment Order Void Ab Initio If Notice Issued by Non-Jurisdictional ITO

May 9, 2024 8604 Views 0 comment Print

Explore the implications of jurisdictional issues in tax assessment with the case of YKM Holdings Pvt. Ltd. vs ACIT, assessing the validity of section 143(3) assessments without proper notices under section 143(2).

No Section 271B penalty if reasonable cause exist for delay in furnishing Tax Audit Report

May 9, 2024 1569 Views 0 comment Print

Detailed analysis of the appeal against a penalty imposed under Section 271B of the Income Tax Act by the ITAT Delhi in the case of Sanjeev Kumar Goyal vs ITO, including the reasons for the penalty dismissal.

No Penalty for Expenses Disallowed Ad Hoc or Due to some Missing Vouchers

May 9, 2024 1356 Views 0 comment Print

ITAT observed that the disallowance of expenses by the AO was on an estimate and ad hoc basis due to the absence of supporting evidence, rather than evidence of concealment of income. Referring to legal precedents, the ITAT emphasized that disallowance based on the magnitude of expenses or missing vouchers is insufficient to justify a penalty, especially without evidence of mala fide intent.

Issuance of jurisdictional notice in the name of a non existing entity is a non curable defect u/s 292B

May 8, 2024 1512 Views 0 comment Print

Learn how issuance of a jurisdictional notice in the name of a non-existing entity led to the quashing of reassessment proceedings by the ITAT Delhi.

Section 271(1)(c) penalty not automatic on mere expense Disallowance or Income Enhancement 

May 6, 2024 2058 Views 0 comment Print

Tribunal ruled that mere disallowance of expenses or enhancement of returned income does not automatically warrant the imposition of penalties under Section 271(1)(c)

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