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ITAT Delhi

Section 56(2)(viib) not applicable to transaction between holding & wholly owned subsidiary

June 4, 2023 5448 Views 0 comment Print

Explore the ITAT Delhi verdict on BLP Vayu’s share premium issue. Assessment under Section 263 challenged. Learn about the intricacies of Section 56(2)(viib) and its applicability.

Huge cash deposit, AO made adequate enquiries, Section 263 not invocable

June 1, 2023 1887 Views 0 comment Print

Arvi Lights challenged a revision under section 263 of the IT Act regarding cash deposits during demonetization. ITAT Delhi found AO’s inquiries sufficient, supporting the original assessment.

Rejection of books of account not justified for technical or general defects

June 1, 2023 1062 Views 0 comment Print

ACIT challenged CIT(A)’s decision to reject the books of accounts and estimation of profit. ITAT Delhi found no errors in CIT(A)’s findings and dismissed the revenue’s appeal.

Addition unsustainable as department failed to prove that sundry creditors are bogus

May 31, 2023 4842 Views 0 comment Print

ITAT Delhi held that addition of sundry creditors u/s 68/69C of the Income Tax Act unsustainable as department failed to prove that the sundry creditors are bogus.

Non-satisfaction of twin conditions for invoking jurisdiction u/s 263 renders proceedings unsustainable

May 31, 2023 1176 Views 0 comment Print

ITAT Delhi held that for invoking revisional jurisdiction u/s 263 it is necessary to satisfy twin conditions i.e. one being that order should be erroneous and second, such order should be prejudicial to the interests of the Revenue. Non-satisfaction of the conditions renders the proceedings unsustainable.

Assessment Order Without Mandatory Din Is Null and Void as It Is in Violation of CBDT Circular

May 31, 2023 3777 Views 0 comment Print

Read about Pratap Singh Yadav’s appeal against an assessment order, citing violation of CBDT Circular No.19/2019 requiring DIN. Learn how the tribunal ruled the order as invalid.

Reassessment proceedings u/s 147 unsustainable on account of change of opinion

May 31, 2023 837 Views 0 comment Print

ITAT Delhi held that reassessment proceedings initiated u/s 147 of the Income Tax Act unsustainable as sufficient enquiry was made by AO on the impugned transaction and hence it tantamount to change of opinion on part of AO.

Penalty u/s 271(1)(b) not imposable as reasonable cause shown

May 31, 2023 2565 Views 0 comment Print

ITAT Delhi held that penalty u/s 271(1)(b) of the Income Tax Act not imposable as reasonable cause shown for non-furnishing of consent form sought by AO.

New firm acquiring new plant & machinery is eligible to claim deduction u/s 80IC

May 30, 2023 921 Views 0 comment Print

ITAT Delhi held that conditions for the eligibility of claim u/s 80IC in the case of a new industrial undertaking stands satisfied as new firm acquired new plant & machinery which was not previously used.

No penalty under section 269SS and 269T if reasonable cause shown

May 30, 2023 3558 Views 0 comment Print

ITAT Delhi held that considering the bonafide and genuine transaction, reasonable cause in terms of section 273B of the Act, exist in the case of the assessee for not complying with the provision of section 269SS and 269T, and therefore, penalty u/s 271D and 271E not leviable.

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