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ITAT Delhi

No Section 271B Penalty for Delayed Audit Report due to IBC Proceedings

August 29, 2023 1017 Views 0 comment Print

ITAT Delhi determines if Bhushan Aviation’s audit report delay due to IBC proceedings warrants a penalty under the Income Tax Act section 271B.

Revenue cannot adjust TDS on Salary not deposited by employer against refunds of employee

August 29, 2023 921 Views 0 comment Print

ITAT Delhi rules on tax refund adjustment. Employers not depositing withheld tax can’t be set off against refunds owed to employees under Section 205.

ITAT Deletes Addition u/s 69 for Cash Withdrawal & Redeposit in Unsuccessful Property Deal

August 29, 2023 2175 Views 0 comment Print

ITAT Delhi reviews Inderjeet vs ITO case: Decision on withdrawals & redeposits for property deals. ITAT deletes addition under section 69.

ITAT allows Section 54 Deduction Not Claimed in Original or Revised Return

August 29, 2023 1509 Views 0 comment Print

ITAT Delhi permits a Section 54 deduction that wasn’t claimed in original or revised returns. The case highlights the powers of appellate authorities.

ITAT Rejects Tax Dept Appeal for Invalid Reassessment Approval

August 29, 2023 666 Views 0 comment Print

Review of ITAT Delhi’s decision in ITO Vs Soumya Tradecom Pvt Ltd case, highlighting lack of valid approval in reassessment proceedings. Key takeaways.

Addition based on statements alone without any other corroborative evidence unsustainable

August 28, 2023 2418 Views 0 comment Print

ITAT Delhi held that addition primarily on the basis of statements alone and no other corroborative evidence and that too without giving assessee an opportunity to cross examine the said persons is unsustainable in law and liable to be set aside.

No Addition u/s 68 if Amount not appear in Books of accounts: ITAT

August 28, 2023 3327 Views 0 comment Print

ITAT Delhi rules no addition under Section 68 if the amount isn’t in books of account. Balaji Tirupati Buildcon Ltd vs ITO case examined in-depth.

Initiation of proceedings u/s 153C based on loose sheets seized from third party unsustainable

August 26, 2023 2376 Views 0 comment Print

ITAT Delhi held that initiation of proceedings u/s 153C of the Income Tax Act based on seized dumb documents found in the premises of third party is unsustainable in law as the seized documents are merely loose sheets not forming part of the books of account of the assessee and that they do not constitute admissible evidence.

Cash Credit Addition Deletion by CIT(A) without Verification is Unjustified

August 25, 2023 813 Views 0 comment Print

ITAT Delhi held that addition of cash credits in various bank accounts deleted by CIT(A) without verifying the persons/firm/Companies from whom the alleged amount has been credited is bad-in-law. Accordingly, matter resorted to the file of AO.

Section 154 action Based on TDS Shortfall reported in Form 3CD is valid

August 25, 2023 1080 Views 0 comment Print

ITAT Delhi held that initiation of action u/s. 154 of the Income Tax Act on the basis of shortfall in TDS on year end provisions reported in Form 3CD of the assessee cannot be faulted. Accordingly, matter remanded to AO.

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