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ITAT Delhi

ITAT deletes addition for cash deposit during demonetization

April 22, 2023 2685 Views 0 comment Print

ITAT Delhi supports household savings explanation for cash deposits up to Rs.2.50 lakh, referencing CBDT Instruction and prior rulings.

Section 43B not apply to External Development Charges payable to HUDA

April 22, 2023 1146 Views 0 comment Print

Addition u/s 43B on account of External Development Charges (EDC) not paid to HUDA before due date of filing return of income not justified

Claim of depreciation allowed in initial year cannot be disturbed in subsequent years

April 21, 2023 1731 Views 0 comment Print

ITAT Delhi held that if in the initial year of claim the depreciation, is allowed, the claim cannot be disturbed in the subsequent years.

Demanding tax on interest awarded under Land Acquisition Act by invoking jurisdiction u/s 263 unsustainable

April 21, 2023 3759 Views 0 comment Print

ITAT Delhi held that the interest awarded under Land Acquisition Act is not taxable, accordingly, tax on the same cannot be demanded by way of invoking jurisdiction u/s 263 of the Income Tax Act.

Section 271(1)(c) Penalty cannot be levied without issuing proper SCN

April 21, 2023 4035 Views 0 comment Print

If initiation of penalty is one limb & levy of penalty is on other limb, then in absence of proper SCN, there is no merit in levy of penalty

Non compliance of E-notices due to closure of Companies operations is reasonable cause

April 21, 2023 657 Views 0 comment Print

The assessee however submitted that its operations were closed and being no regular employee looking after the matter, the notices issued by the Learned CIT(A) could not be complied.

Final Assessment Order passed beyond limitation Period is Null & Void

April 21, 2023 2175 Views 0 comment Print

Final order passed by AO is beyond limitation period provided u/s 144C of Income Tax Act, hence, same is liable to be declared as null & void

POA Holder liable to tax on Capital Gain if fails to prove transfer of consideration to original owner/seller

April 21, 2023 1671 Views 0 comment Print

Assessee contended that he was not the owner of the property sold and he executed sale deed on behalf of owner Shri Ashok Kumar Garg and, therefore, fasting tax liability on account of short term or long term capital gain on the shoulders of the assessee is not valid.

Addition based on statement recorded u/s 133A without considering evidences is unjustified

April 20, 2023 1167 Views 0 comment Print

ITAT Delhi held that addition merely on the basis of statement recorded u/s 133A of the Income Tax Act without considering the documents and evidences is unjustified. Accordingly, matter remanded back for fresh consideration.

Violation of section 194C(7) doesn’t attract disallowance u/s 40(a)(ia) as section 194C(6) duly complied

April 20, 2023 2514 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act unjustified as there was due compliance with provisions of section 194C(6). Violation of provisions of section 194C(7) doesnot attract disallowance u/s 40(a)(ia) of Income Tax Act.

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