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ITAT Delhi

Notional interest not taxable as bank statement doesn’t show credit of any interest

May 17, 2023 1452 Views 0 comment Print

ITAT Delhi held that notional interest cannot be taxed as income as bank statement of the foreign bank account doesn’t show that any interest has been credited.

ITAT allows Benefit of Cost of Acquisition in construction of roof rights in property

May 16, 2023 1002 Views 0 comment Print

Learn how ITAT Delhi’s ruling favored Manoj Mediratta in a capital gain assessment case, setting aside the addition made by the assessing authority and remanding the issue for fresh consideration.

Assessee obtained PAN of Transporter – Section 194C TDS not applicable

May 16, 2023 3288 Views 0 comment Print

Chandigarh Freight Carrier vs PCIT case delves into tax deduction issues under Section 194C. Detailed analysis reveals how compliance and jurisdiction were evaluated by ITAT Delhi.

Penalty quashed as AO not specified under which limb he intended to impose Penalty

May 16, 2023 663 Views 0 comment Print

ITAT Delhi deletes penalties imposed under section 271(1)(c) for concealment of income/filing inaccurate particulars in Babita Khurana vs DCIT case. Detailed analysis and ruling provided.

Reopening of assessment based on mistaken factual premise is unsustainable

May 15, 2023 2331 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 147 of the Income Tax Act based on mistaken factual premise is unsustainable in law.

Assessment order passed is not legal as approval u/s 153D was given in mechanical manner

May 14, 2023 2547 Views 0 comment Print

ITAT Delhi held that assessment order passed under section 153A of the Income Tax Act is not legal and liable to be quashed as approval given under section 153D of the Income Tax Act is granted in a mechanical manner and without application of mind.

No section 271(1)(c) penalty if Notice not contains Specific Charge

May 13, 2023 1494 Views 0 comment Print

M.A. Projects Private Limited Vs ACIT (ITAT Delhi) ITAT  note that the notice is an omnibus notice without specifying the specific charge upon the assessee and in such circumstances, Higher Courts have held that penalty levied is not sustainable. In this regard, we refer to Hon’ble Bombay High Court (Full Bench at Goa) in the […]

Section 54F exemption eligible even if construction of new house starts before sale of original asset

May 12, 2023 10845 Views 0 comment Print

Kapil Kumar Agarwal Vs DCIT (ITAT Delhi) ITAT held that assessee has purchased a house property i.e. a new asset and is entitled to exemption u/s 54F of the act despite the fact that construction activities of the purchase of the new house has started before the date of sale of the original asset which […]

Sales tax subsidy received by assesee from Haryana Govt. is capital receipt

May 11, 2023 789 Views 0 comment Print

Delhi High Court held that sales tax subsidy received by assessee be treated as capital receipt and not be added to income of asseseee.

Disallowance of expense already disallowed by Assessee amounts to double disallowance

May 10, 2023 3867 Views 0 comment Print

Ld. AO has disallowed the provision for sick leave amounting to Rs. 80,51,334/- which has already been disallowed by the assessee in its computation of taxable income. Para 5.15 of CIT(A)’s order at page 17 refers. Therefore, sustenance thereof will amount to double disallowance.

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