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ITAT Delhi

Demonetization Cash Deposits: Not Unexplained Money with Established Cash Sales History

September 24, 2023 4296 Views 0 comment Print

Cash deposited during demonetization can’t be unexplained if taxpayer has a history of cash sales and no discrepancies found in books.

No Disallowance under Section 14A/Rule 8D without Exempt Income

September 24, 2023 1233 Views 0 comment Print

In a significant ruling, ITAT Delhi states that no disallowance under Section 14A read with Rule 8D can be made if no exempt income was earned in previous year.

Order passed u/s 153A without generating DIN is invalid

September 23, 2023 2289 Views 0 comment Print

ITAT Delhi held that for the purpose of Section 153A/143(3) of the Income Tax Act, the assessment can be said to be ‘made’ only when the DIN is quoted on the order before it is signed. Order passed u/s 153A without first generating the DIN is invalid and bad-in-law.

Matter restored as ex-parte addition made towards unexplained investment

September 23, 2023 972 Views 0 comment Print

ITAT Delhi held that as lower authority made ex-parte addition towards unexplained investment u/s 69 of the Income Tax Act matter restored to CIT(A) for denovo adjudication giving last opportunity to assessee to explain source of investment.

Section 271(1)(c) Penalty Not Automatic for Wrong Claims; Requires Proof of Lack of Bona Fides

September 22, 2023 948 Views 0 comment Print

Read the full text of the ITAT Delhi order in the case of DCIT vs. Sarva Haryana Gramin Bank regarding penalty under Section 271(1)(c) of the Income Tax Act.

Business Maintenance Expenses cannot be disallowed arbitrarily

September 22, 2023 1443 Views 0 comment Print

ITAT Delhi’s ruling on disallowing business expenses under Section 37 of the Income Tax Act. Analysis of Giri Buildwell Pvt. Ltd. vs. DCIT case. Learn more.

TDS not deductible on payment towards External Development Charges to HUDA

September 22, 2023 3177 Views 0 comment Print

ITAT Delhi held that the assessee has not committed any violation of provision of Chapter XVII B of the Act by making payment towards External Development Charges (EDC) to Directorate of Town and Country Planning, Haryana (Haryana Government) (DGTCP) through banking channel favoring Haryana Urban Development Authority (HUDA).

Books of accounts having number of defects & discrepancies duly rejected u/s. 145(3)

September 22, 2023 720 Views 0 comment Print

ITAT Delhi held that rejection of books of accounts u/s. 145(3) of the Income Tax Act justifiable as there was number of defects and discrepancies in the same.

Revenue’s appeal dismissed as NCLT admitted application filed u/s 14 of IBC

September 22, 2023 582 Views 0 comment Print

ITAT Delhi held that as National Company Law Tribunal (NCLT) has admitted application filed by the assessee u/s. 14 of the Insolvency and Bankruptcy Code, 2016, the present appeal filed by the revenue deserves to be dismissed.

Corporate Assessees Ineligible for Personal Use Considerations

September 22, 2023 819 Views 0 comment Print

Read the full text of ITAT Delhi’s order in Super Alloy Castings P. Ltd vs. ACIT regarding higher depreciation on electrical fittings and rejection of personal use charges.

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