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ITAT Delhi

Replacement of old tube light with LED lights cannot be treated as capital expenditure

April 28, 2023 5142 Views 0 comment Print

Ashok Kumar Jain Vs ITO (ITAT Delhi) ITAT observed that the assessee has replaced old bulbs/tube lights with new LED lights. Some other expenditure was incurred for regular repair and replacement. Thus, from the nature of expenditure incurred, it is evident that they are in the nature of consumables and not for acquiring any assets […]

Section 56(2)(viia) cannot be invoked if Sales Price exceeds FMV

April 27, 2023 1227 Views 0 comment Print

Undisputedly, invoking the provisions of section 56(2)(viia) of the Act, the Assessing Officer has treated the difference between the sale price and FMV of the shares of the assessee as income of the assessee.

ITAT deletes addition for cash deposited during demonetization against earlier withdrawals

April 27, 2023 4197 Views 0 comment Print

Laxmi Narain Vs ITO (ITAT Delhi) In the present case there is no dispute regarding the fact the assessee deposited Rs. 10,49,000/- in cash on 18.11.2016 during demonetization period and the AO picked up said amount for making addition in the hands of assessee u/s. 69A of the Act. From the copies of the order […]

Ex-parte order in absence of assessee – ITAT restores matter to CIT(A)

April 27, 2023 1425 Views 0 comment Print

Impugned order was passed by CIT(A) in absence of assessee. Assessee did not get an opportunity to represent his case before CIT(A)

Receipts from prospecting for, or extraction, or production of mineral oils taxable u/s 44BB

April 26, 2023 813 Views 0 comment Print

ITAT Delhi held that scope and ambit of section 44BB of the Income tax Act is wide enough to include receipts of assessee from Cairn India and ONGC in connection with activity of prospecting for, or extraction, or production of mineral oils.

TDS on Salary needs to be deducted only at the time of making such payment

April 26, 2023 5265 Views 0 comment Print

No TDS deduction at source on Salary is contemplated under Section 192 in cases where a payment towards salary has accrued but is not made.

Ad-hoc disallowance without pointing out specific defects in documents furnished is unjustified

April 26, 2023 2091 Views 0 comment Print

Without pointing out specific defects in documents furnished, disallowance on ad-hoc basis for failure to furnish all documentary evidence is unacceptable

Same addition cannot be made under Both Income Tax & Black Money Act

April 26, 2023 1614 Views 0 comment Print

ITAT held that once additions been made under Black Money Act the same addition cannot be made under Income Tax Act on the same set of facts

Additional Evidence not considered by CIT(A) – ITAT directs fresh assessment

April 26, 2023 798 Views 0 comment Print

Umano Healthcare Pvt Ltd Vs ACIT (ITAT Delhi) The Ld. AR submitted that the Ld. CIT(A) did not consider the additional evidence filed before him. The Ld. AR also invited our attention to the order sheet entry (page 10-11 of Paper Book) made by the Ld. AO to emphasis that the adequate opportunity to present […]

Interest on delayed payment of TDS not penal in nature & allowable expense

April 26, 2023 2223 Views 0 comment Print

ITAT held that the interest paid on delayed payment of TDS by the assessee u/s 201(1A) r.w.s. 206C(7) of the Act cannot be held as penal in nature and, thus, incurred out of commercial expediency and, therefore, is allowable u/s 37 of the Act.

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