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ITAT Delhi

Disallowance of job work expense without culpable evidence is unsustainable in law

January 16, 2023 957 Views 0 comment Print

ITAT Delhi held that disallowance of job work expenses in absence of any culpable evidence, merely on the standalone base of non-compliance of summons served u/s 131 of the Income Tax Act, is unsustainable in law.

Approval u/s 10(23C)(iv) cannot be withdrawn for violation of certain compliance conditions

January 16, 2023 1155 Views 0 comment Print

ITAT Delhi held that approval granted under section 10(23C)(iv) of the Income Tax Act cannot be withdrawn on the allegation of violation of certain compliance conditions, once the threshold conditions is duly satisfied.

Addition based on bald statement u/s 153A is unsustainable in law

January 16, 2023 711 Views 0 comment Print

ITAT Delhi held that addition merely on the basis of bald statement under section 153A of the Income Tax Act without any incriminating material is unsustainable in law.

AO venturing outside the scope of limited scrutiny without prior approval is bad in law

January 16, 2023 2172 Views 0 comment Print

ITAT Delhi held that as per CBDT Instruction nos. 20/2015 and 5/2016 read with DGIT(Vigilance) letter dated 30th November, 2017 before venturing into other issues outside the scope of limited scrutiny, the Assessing Officer should have taken prior approval of PCIT/CIT. Failure of prior approval would render the assessment order bad in law.

Exclude CSR expenses to book profit for computing book profit u/s 115JB

January 16, 2023 942 Views 1 comment Print

CIT(A) erred in confirming addition of CSR expenses to book profit, when there is no such requirement to adjust the same while computing book profit as per section 115JB

Date of TDS payment would be date of handing over of cheque to banker

January 16, 2023 1593 Views 0 comment Print

ITAT held that payment would be deemed to have been made on date the cheque was handed over to banker and date of payment was to be taken as date of presentation of cheques by assessee.

Once TDS Element is Reflected in Form 26AS AO cannot allege that parties are not genuine

January 16, 2023 921 Views 0 comment Print

Once TDS element is reflected in Form No. 26AS, the Assessing  Officer cannot allege that the parties are not genuine. Moreover, full details are available on record.

Annual lease payment to NOIDA Authority liable to Section 194I TDS

January 15, 2023 6897 Views 0 comment Print

Ajnara India Ltd. Vs ITO (ITAT Delhi) It is observed that the Ld. CIT(A) examined the Lease Deed Agreement between the assessee and NOIDA Authority filed before him during the appellate proceedings and extracted the relevant recitals in para 4.8 and 4.9 of his order to reach the conclusion that reading of Lease Deed Agreement, […]

TDS credit cannot be denied in the year in which corresponding income been declared

January 14, 2023 3942 Views 0 comment Print

Revenue is under obligation to give suitable credit for such deduction either in the year in which the corresponding income has been declared or in the year in which TDS credit has been received in the Treasury

TDS on common area maintenance charges & Rent paid to distinct companies

January 13, 2023 1620 Views 0 comment Print

Ace Datamatics Pvt. Ltd Vs ITO (ITAT Delhi) In the present case also the AO in para 4.2 of the assessment order observed that the payments received by Ambience group are split into two companies of same group on single contract one for rent and the other for maintenance charges. However, the AO noted that […]

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