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ITAT Delhi

Right tax has to be collected from the right person: ITAT Delhi

February 18, 2023 1494 Views 0 comment Print

Arya Samaj Vs ITO (ITAT Delhi) Before ITAT, it was pleaded that the assessee has wrongly filled the column A(i) pertaining to “Other details” the ITR7 and since CPC is a automated process, the adjustment has also been wrongly made. It was argued that had there been a notice issued before making an adjustment, the […]

No tax on share premium when issued to Venture Capital Fund

February 18, 2023 900 Views 0 comment Print

ITAT held that no tax would be levied on issue of shares to venture capital fund and further upheld observation of CIT(A) that, payment for valuation certification and retainership fees to a CA  firm is a revenue expenditure.

Benefit u/s 54B not deniable on fact that property was valued as non-agricultural land for stamp paper

February 18, 2023 4086 Views 0 comment Print

Vipin Kumar Vs ITO (ITAT Delhi) ITAT Delhi held that benefit under section 54B of the Income Tax Act cannot be denied on mere fact that property was valued by the registered authority as a non-agricultural land for the purpose of stamp paper. Facts- The AIR information from sub registrar, Hapur Second in the case […]

Section 292C being a deeming provision cannot be applied mechanically

February 17, 2023 2991 Views 0 comment Print

ITAT Delhi held that provisions of section 292C of the Income Tax Act is only a deeming provision and the deeming provision cannot be applied mechanically, ignoring the facts of the case and surrounding circumstances.

Penalty u/s 271(1)(b) not leviable for non-compliance to statutory notice as notice not serviced correctly

February 17, 2023 1854 Views 0 comment Print

ITAT Delhi held that as the statutory notice was not served to the correct address, penalty under section 271(1)(b) of the Income Tax Act cannot be levied alleging the non-compliance of the statutory notices.

ITAT deletes Addition for cash kept for Medical Emergency deposited during Demonetization

February 17, 2023 1794 Views 0 comment Print

Krishna Goyal Vs ACIT (ITAT Delhi) In course of assessment proceedings, the assessee has explained the source of deposits in the bank account to be out of the withdrawals made from the very same bank account. However, the Assessing Officer as well as learned Commissioner (Appeals) have partly accepted the explanation of the assessee only […]

ITAT deletes part addition for Agricultural Produce considering reasonable quantum of sale proceeds

February 17, 2023 792 Views 0 comment Print

Assessee has established on record that it had receipts from sale of agricultural produce, only because some invoices relating to sale are not available, assessee’s claim cannot be More so, considering reasonable quantum of sale proceeds.

Section 54B exemption cannot be Denied for Agricultural Land Purchase in Wife’s Name

February 17, 2023 2604 Views 0 comment Print

ITAT held that deduction under Section 54B/54F of Act is available in cases where investments are made in property purchased in name of wife.

Assessee liable to equal tax on income from house property where joint owner’s shares not mentioned in sale deed

February 16, 2023 5763 Views 0 comment Print

ITAT held that husband and wife will have equal shares in house property purchased by them as joint owners, wherein, sale deed had been executed and shares of co-owners is not specified.

Notional interest on debit balance of partner’s account unsustainable as not specified in partnership deed

February 16, 2023 1587 Views 0 comment Print

ITAT Delhi held that notional interest on debit balance of partners account not sustainable in absence of information of diversion of interest bearing borrowed funds for non-business purpose. Further, notional interest cannot be charged for taxing in the partners debt balance specifically when there is no discussion in the partnership deed

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