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ITAT Delhi

ITAT Quashes PCIT’s Revisional Order for Failure to Fulfill Twin Conditions

June 19, 2023 645 Views 0 comment Print

ITAT Delhi quashed revisional order in Havells India Limited Vs PCIT case due to unfulfilled prerequisites for invoking Section 263 of IT Act.

Disallowance Under Section 14A Cannot Exceed Exempt Income: ITAT Delhi

June 19, 2023 996 Views 0 comment Print

ITAT Delhi in Jubilant Securities Pvt Ltd Vs DCIT case, highlighted the rule that disallowance under Section 14A cannot exceed exempt income

No Penalty Under Section 271AAA Without Recorded Statement

June 19, 2023 753 Views 0 comment Print

ITAT Delhi in Padam Singhee Vs DCIT ruled that penalties under section 271AAA of Income Tax Act cannot be levied without a recorded statement

Order passed u/s 147 not borne out of any record is non-est

June 18, 2023 2541 Views 0 comment Print

ITAT Delhi held that order passed by AO u/s 147 of the Income Tax Act not borne out of any record is non-est in the eyes of law.

AO cannot take the position of business man to ascertain GP ratio

June 16, 2023 3855 Views 0 comment Print

ITAT upheld the decision of the Commissioner, who had correctly deleted the addition made by the Assessing Officer. The Assessing Officer had added the differential margin to the assessee’s income based solely on a comparison between industry gross margin and the assessee’s gross margin, without conducting a thorough analysis of the assessee’s business strategy.

Registration u/s 12AA granted to trust created for managing statutory obligation of employees of parent trust

June 16, 2023 1104 Views 0 comment Print

ITAT Delhi held that registration u/s 12AA to trust created for managing the statutory obligations of employees of the parent trust is granted as the same falls within the ambit of advancement of general public utility and, hence, to be considered as a charitable activity as defined u/s 2(15) of the Act.

Penalty u/s 271B unsustainable on local authority not engaged in business or earning profit

June 16, 2023 657 Views 0 comment Print

ITAT Delhi held that assessee being a local authority is not engaged in business or earning profit, accordingly, penalty u/s 271B for not getting accounts audited unsustainable.

ITAT Delhi Upholds Education Cess Non-deductible Under Sections 37 & 40(a)(ii)

June 16, 2023 597 Views 0 comment Print

ITAT Delhi ruling in Maral Overseas Ltd Vs DCIT, asserting that Education cess is non-deductible as an expenditure under Sections 37 and 40(a)(ii) of Income Tax Act.

Employees’s share in relevant funds should be deposited before due date for claiming deduction u/s 36(1)(va)

June 15, 2023 750 Views 0 comment Print

ITAT Delhi held that the deduction u/s 36(1)(va) of the Income Tax Act can be allowed only if the employees’ share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts.

ITAT Delhi Directs AO to Re-adjudicate: Dispute over Loan Amount Addition

June 15, 2023 528 Views 0 comment Print

ITAT Delhi has ordered a fresh adjudication in the case of TSP Engineers Pvt. Ltd. Vs ITO, challenging the addition of a loan amount to the outstanding balance without proper evidence and documentation.

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