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ITAT Delhi

Original assessment order settled under VsV Doesn’t mean settlement of appeal against rectification order

June 22, 2023 1677 Views 0 comment Print

Analyzing the recent ITAT Delhi verdict in the Inter Globe Air Transport Vs ACIT case, highlighting the re-adjudication directive due to improper verification under Section 154 of the Income Tax Act.

Concise Assessment Order doesn’t Imply Lack of Enquiry – Section 263

June 22, 2023 798 Views 0 comment Print

Analysis of a significant case – Manohar Lal Sarraf and Sons Pvt Ltd Vs Pr. CIT, where ITAT Delhi overturned a revision order under Section 263 of the Income Tax Act due to lack of jurisdiction. Dive into the details of the ruling

ITAT deletes addition for Cash Deposit considering evidence submitted by appellant

June 21, 2023 2946 Views 0 comment Print

ITAT Delhi partially approves the appeal by the assessee in Sudha Vs ITO, eliminating additional cash deposit sourced from past savings and agricultural activities.

Non-Written Back Amounts: Section 41(1) Inapplicable, Clarifies ITAT

June 21, 2023 2244 Views 0 comment Print

In Raunika Fashion Pvt. Ltd. Vs ITO (ITAT Delhi) case, ITAT clarifies that Section 41(1) cannot be invoked when trading liabilities have not been written back in books of accounts.

PF-ESI due date aligned with Payment Month, Expenses can be claimed u/s 37 instead of 36(1)(va)

June 21, 2023 8697 Views 0 comment Print

ITAT Delhi’s ruling on Sentinel Consultants P. Ltd. vs ACIT addresses the due dates for PF-ESI contributions, aligning with the ESIC & PF Act over the Income Tax Act’s Mercantile System, impacting the assessment years 2018-19 and 2019-20.

Addition based on baseless allegation which cannot be proved is unsustainable

June 21, 2023 1473 Views 0 comment Print

ITAT Delhi held that the revenue itself is not very sure of the receipt of the cash nor there was any evidence. Accordingly, addition based on baseless allegation which cannot be proved is unsustainable.

Revision u/s 263 unsustainable as plausible approach adopted by AO cannot be labeled as erroneous

June 21, 2023 831 Views 0 comment Print

ITAT Delhi held that plausible approach adopted by AO cannot be labeled as erroneous. Hence, revisionary order under section 263 of the Income Tax Act is unsustainable in law.

Tax Residency Certificate is only evidence required to be eligible for benefit under DTAA

June 21, 2023 2511 Views 0 comment Print

ITAT Delhi held that Tax Residency Certificate (TRC) is statutorily the only evidence required to be eligible for the benefit under the DTAA. Accordingly, benefit of India-Mauritius DTAA duly available.

ITAT Deletes Addition for cash deposits as assessee duly explained source

June 21, 2023 1761 Views 0 comment Print

ITAT noted that the explanations provided by the assessee concerning the withdrawals, deposits, and utilization of cash over time were satisfactory. The Tribunal acknowledged the Indian socio-economic constructs where holding cash, especially in rural society, is common.

Mere DMAT Account Transactions or Stock Exchange Share Sales not adequate evidence (Section 68)

June 21, 2023 354 Views 0 comment Print

Delhi ITAT asserts that mere transactions through a DMAT account or selling shares on stock exchange don’t necessarily rebut Section 68 of Income Tax Act. Understand the full implications of this ruling with our comprehensive analysis.

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