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ITAT Delhi

AO has no power to reject method of valuation resorted in absence of any infraction

May 30, 2023 1695 Views 0 comment Print

ITAT Delhi held that the assessee has option to determine the method of valuation and the AO has no power to reject the method resorted by the assessee as no infraction of methodology has been brought out by the AO.

Mistake in accepting returned income instead of substituting with assessed income is apparent error rectifiable u/s 154

May 29, 2023 1968 Views 0 comment Print

ITAT Hyderabad held that when there was an apparent mistake in the order of the AO in accepting the returned income instead of substituting the same with the assessed income there was an apparent error rectifiable under section 154 of the Income Tax Act.

Amendment to section 36(1)(va) and 43B vide Finance Act, 2021 is effective from 01.04.2021

May 29, 2023 9021 Views 0 comment Print

ITAT Delhi held that amendment to section 36(1)(va) of the Income Tax Act and section 43B of the Income Tax Act brought in Finance Act, 2021 is prospective in nature i.e. effective from 01.04.2021 and not retrospective in nature.

Penalty u/s 271(1)(c) not imposable when income assessed on estimate basis

May 29, 2023 9615 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not imposable when income is assessed on estimate basis and accordingly additions are made therein on estimate basis.

Addition based on some dummy name without incriminating material is unjustified

May 29, 2023 1314 Views 0 comment Print

ITAT Delhi held that addition based on some dummy name without incriminating material reflecting name of the assessee is unjustified.

Loss claimed arising out of sham transaction between two AE is disallowed

May 28, 2023 789 Views 0 comment Print

ITAT Delhi held that loss claimed arising out of the sham transaction between two associated enterprises (AE) is disallowed.

No transfer of assets in case of shifting of plant & machinery from fixed to current assets

May 27, 2023 5202 Views 0 comment Print

ITAT Delhi held that there is no transfer of assets in case of the shifting of plant & machinery from fixed assets to current assets. Accordingly, there is no question of determination of capital gain.

Business promotion expenditure incurred during the course of business is allowable expenditure

May 27, 2023 4845 Views 0 comment Print

ITAT Delhi held that business promotion expenditure incurred for improving the visibility of the brand and sale of the products is routine expenses incurred during the course of the business. Accordingly, the same is allowable expenditure.

Assessee being a local authority is not chargeable to Income tax

May 27, 2023 2901 Views 0 comment Print

ITAT Delhi held that the assessee (M/s. Cane Development Council Titawi) being a local authority are not chargeable to tax in terms of section 10(20) of the Income Tax Act.

Order passed against a non-existing company is liable to be quashed

May 27, 2023 1146 Views 0 comment Print

ITAT Delhi held that the assessment order passed against a non-existing company is void ab initio and hence liable to be quashed.

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