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ITAT Delhi

Section 68: AO Not Obligated for Further Inquiries till Assessees Fulfill Initial Onus

June 12, 2023 744 Views 0 comment Print

Assessees must thoroughly discharge initial onus under section 68. Until assessee does so, AO is under no obligation to conduct further inquiries.

Impact of Section 56(2)(vii) on Property Purchased Above Circle Rate

June 12, 2023 7167 Views 0 comment Print

Vinit Kumar Vs DCIT – ITAT Delhi clarified the application of Section 56(2)(vii) on properties purchased for more than the circle rate.

Business Loss from Chit Fund Allowed by ITAT

June 12, 2023 2445 Views 0 comment Print

Detailed analysis of ITAT Delhi’s ruling in Nijhawan Travel Services Pvt. Ltd. Vs DCIT, exploring the critical determination that the loss of Chit Fund used for business is allowable as a business loss.

Rectification in Revised Return Allowed Despite Late Filing of Original Return

June 11, 2023 3318 Views 0 comment Print

In the case of Navneet Dutta Vs ACIT, ITAT Delhi allowed rectification in the revised return, even though the original return was filed late. ITAT remitted the issue to the Assessing Officer to consider the revised return and make an order in accordance with the law.

Penalty under Section 271(1)(c) Invalidated if Matter Restored for Rectification Order

June 11, 2023 1668 Views 0 comment Print

ITAT Delhi held that if a matter is restored to AO for passing a rectification order, the penalty imposed under Section 271(1)(c) of Income Tax Act does not survive. The appeal was filed by the assessee against the penalty order.

Section 153C Addition not Sustainable without Incriminating Material: ITAT Delhi

June 11, 2023 903 Views 0 comment Print

ITAT Delhi has ruled that additions made under Section 153C of Income Tax Act cannot be sustained without any incriminating material found during a search and seizure operation.

ITAT deletes notional LTCG addition for Jewellery short found during search

June 11, 2023 921 Views 0 comment Print

A comprehensive analysis of the ITAT Delhi’s recent ruling in the case of Ballabh Prasad Aggarwal Vs ACIT, involving income tax addition on supposed long-term capital gains from jewellery sale.

Deduction u/s 80IC claimed via belated return is permissible

June 11, 2023 2823 Views 0 comment Print

ITAT Delhi held that deduction under section 80IC of the Income Tax Act is permissible on account of belated filing of return beyond the prescribed time limit under section 139(1) of the Income Tax Act.

Disallowance u/s 40(a)(ia) unsustainable as TDS already deducted and deposited

June 9, 2023 1596 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-payment of TDS unsustainable as TDS already deducted and deposited by the assessee.

Reassessment proceedings unsustainable as material facts fully and truly disclosed

June 8, 2023 1293 Views 0 comment Print

ITAT Delhi held that initiation of proceedings under section 147/148 of the Income Tax Act unsustainable as there was on failure on the part of the assessee to disclose fully and truly all the material facts.

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