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ITAT Delhi

Addition restricted to 25% in case of bogus purchase

June 13, 2023 4137 Views 0 comment Print

ITAT Delhi held that addition in case of bogus purchases is restricted to the extent of 25% of the purchases. As lower authorities made addition of 25% of bogus purchase, the same is sustainable.

Benefit of deduction u/s 80IA available towards interest income earned on fixed deposit

June 12, 2023 1803 Views 0 comment Print

ITAT Delhi held that benefit of deduction under section 80IA of the Income Tax Act eligible for interest income earned on fixed deposit.

Disallowance of genuine depreciation claim on very flimsy reason is unjustified

June 12, 2023 1014 Views 0 comment Print

ITAT Delhi held that disallowance of genuine claim of depreciation merely because the depreciation figure is not reflected in column no. 45 of ITR is unsustainable in law. Action of lower authorities of disallowing the genuine claim of depreciation on a very flimsy reason is unjustified.

Section 68: AO Not Obligated for Further Inquiries till Assessees Fulfill Initial Onus

June 12, 2023 711 Views 0 comment Print

Assessees must thoroughly discharge initial onus under section 68. Until assessee does so, AO is under no obligation to conduct further inquiries.

Impact of Section 56(2)(vii) on Property Purchased Above Circle Rate

June 12, 2023 7062 Views 0 comment Print

Vinit Kumar Vs DCIT – ITAT Delhi clarified the application of Section 56(2)(vii) on properties purchased for more than the circle rate.

Business Loss from Chit Fund Allowed by ITAT

June 12, 2023 2346 Views 0 comment Print

Detailed analysis of ITAT Delhi’s ruling in Nijhawan Travel Services Pvt. Ltd. Vs DCIT, exploring the critical determination that the loss of Chit Fund used for business is allowable as a business loss.

Rectification in Revised Return Allowed Despite Late Filing of Original Return

June 11, 2023 3261 Views 0 comment Print

In the case of Navneet Dutta Vs ACIT, ITAT Delhi allowed rectification in the revised return, even though the original return was filed late. ITAT remitted the issue to the Assessing Officer to consider the revised return and make an order in accordance with the law.

Penalty under Section 271(1)(c) Invalidated if Matter Restored for Rectification Order

June 11, 2023 1605 Views 0 comment Print

ITAT Delhi held that if a matter is restored to AO for passing a rectification order, the penalty imposed under Section 271(1)(c) of Income Tax Act does not survive. The appeal was filed by the assessee against the penalty order.

Section 153C Addition not Sustainable without Incriminating Material: ITAT Delhi

June 11, 2023 864 Views 0 comment Print

ITAT Delhi has ruled that additions made under Section 153C of Income Tax Act cannot be sustained without any incriminating material found during a search and seizure operation.

ITAT deletes notional LTCG addition for Jewellery short found during search

June 11, 2023 828 Views 0 comment Print

A comprehensive analysis of the ITAT Delhi’s recent ruling in the case of Ballabh Prasad Aggarwal Vs ACIT, involving income tax addition on supposed long-term capital gains from jewellery sale.

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