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ITAT Delhi

Interest free loan to non-related company without registered MOU creates reasonable doubt

July 20, 2023 1191 Views 0 comment Print

ITAT Delhi held that huge amount as interest free advances given to company which is neither relative/ partner nor connected with Assessee based on MOU which is neither on stamp paper nor stamped or registered creates a reasonable doubt. Matter remanded for further inquiry.

Section 68 Addition for unsecured loan Upheld as assessee failed to discharge primary onus

July 20, 2023 4305 Views 0 comment Print

ITAT Delhi held that addition towards unsecured loan under section 68 of the Income Tax Act sustained as assessee failed to discharge the primary onus and burden of proof of providing genuineness, creditworthiness and identity of creditors to the satisfaction of the A.O.

Cash deposit against Sum received from mother-in-law – ITAT directs re-adjudication

July 20, 2023 750 Views 0 comment Print

Key takeaways from the Pawanveer Singh vs ITO case: ITAT Delhi calls for fresh adjudication concerning the income tax on a settlement sum received from a mother-in-law.

Penalty Invalid Due to Defective Notice Issued u/s 271(1)(c) of Income Tax Act

July 20, 2023 687 Views 0 comment Print

The ITAT Delhi nullifies the penalty imposed under Section 271(1)(c) of the Income Tax Act on Meena Singhal, as the notice issued did not specify the particular charge.

Section 263 cannot be exercised by CIT for reliance by AO on affidavit

July 20, 2023 402 Views 0 comment Print

ITAT Delhi has quashed the revision order in the C. M. Buildcon Pvt. Ltd. vs PCIT case, emphasizing the legitimacy of transactions through proper banking channels. Get insights from the case analysis

Addition u/s 68 unsustainable as genuineness, identity & creditworthiness of creditors proved

July 20, 2023 7512 Views 0 comment Print

ITAT Delhi held that addition towards unexplained credits under section 68 of the Income Tax Act unsustainable as genuineness, identity and creditworthiness of the creditors proved.

No Penalty for Non-Audit under Section 271B without Bookkeeping Requirement

July 20, 2023 1533 Views 0 comment Print

An analysis of the landmark case Taranjeet Singh Alagh vs ITO, in which the ITAT Delhi provides key clarifications on the penalties under section 271B of the Income Tax Act relating to account audits and book maintenance.

Exclusion of Management Support Services from Article 12(4) of India-Singapore DTAA

July 20, 2023 762 Views 0 comment Print

ITAT Delhi held that provision of management support services to various hotels in India doesn’t come under Article 12(4) of India -Singapore DTAA. Accordingly, addition unsustainable.

Haryana Rifle Association Wins Appeal Over Charitable Status: ITAT Delhi

July 20, 2023 657 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Delhi ruled in favor of the Haryana Rifle Association, deeming its activities not to be commercial. The tribunal found that the association was indeed eligible for registration under sections 12AA and 80G of the Income Tax Act.

Delayed deposit of employee contributions to PF/ESIC – ITAT upholds addition

July 19, 2023 1137 Views 0 comment Print

The Delhi bench of ITAT rules against Gopi Mani Kuttan on delayed deposit of employee contributions to PF/ESIC, in compliance with income tax laws. The article explores the verdict in detail and provides an analysis of the implications of the ruling.

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