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ITAT Delhi

Once appeal is adjudicated on merits, refusing to condone delay is an error

May 3, 2023 2310 Views 0 comment Print

ITAT Delhi held that if the appeal is adjudicated on merits, then, refusing to condone the delay in filing of an appeal is an error. Action of refusing to condone the delay, but, to dispose off the appeal on merit is untenable in law.

Section 148 notice without Higher Authority Approval is invalid

May 3, 2023 3291 Views 0 comment Print

Before issuance of notice under Section 148 of the Act, approval of the higher authorities is a mandatory statutory requirement.

ITAT grants Opportunity to Appellant, an illiterate farmer to Present his case before AO

May 3, 2023 1227 Views 0 comment Print

Assessee is an illiterate farmer and claims that he was not properly presented in assessment and appellate proceedings. Moreover, assessee claims that he was misguided by consultant

No penalty for disallowance due to dispute on nature of expenses

May 3, 2023 1539 Views 0 comment Print

Read about Ansal Properties vs ACIT (ITAT Delhi) case. Penalty not sustainable on QIP and 80-IB disallowance. Full text of ITAT Delhi order

Addition u/s 68 sustained as no explanation of nature and source of credit provided

May 1, 2023 933 Views 0 comment Print

ITAT Delhi held that addition of unexplained credit u/s 68 of the Income Tax Act sustained as the appellant failed to provide any explanation with regard to the nature and source of the credit.

Disallowance of interest on partner’s loan unjustified as partnership deed specifies entitlement of interest

April 28, 2023 5991 Views 0 comment Print

ITAT Delhi held that as per partnership deep, partners shall be entitled to interest on their loan accounts with the firm at the prescribed rates, hence disallowance of the same is unjustified.

Valuation of closing stock at realization value considering rust stock – ITAT remands matter back to AO

April 28, 2023 2601 Views 0 comment Print

GK Steel & Wire Products Vs ITO (ITAT Delhi) The main contention of the assessee is that the value of the opening stock of the assessee has gone down resulting in gross loss of Rs.25,32,724/-. The ld. Counsel submits that this is because due to rust stock and the sales realization was lower than the […]

Deemed dividend addition cannot be made in the hands of payer of loan

April 28, 2023 888 Views 0 comment Print

Assessee is not a recipient but payer of loan. Hence, as per provisions of Section 2(22)(e) of Income Tax Act, assessee was not liable to tax

Penalty u/s 271(1)(c) on highly debatable issue is unsustainable

April 28, 2023 1788 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act on a highly debatable issue is unsustainable in law.

Depreciation on goodwill cannot be rejected merely because performance didn’t match projection

April 28, 2023 819 Views 0 comment Print

ITAT Delhi held that depreciation on goodwill cannot be rejected merely because performance didn’t match projections. Notably, valuation of goodwill on discounted cash flow method was duly accepted by AO.

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