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ITAT Delhi

Addition under Income Tax unsustainable as it based on excise department’s finding later decided in favor of assessee

January 3, 2023 1107 Views 0 comment Print

ITAT Delhi held that addition in Income Tax proceedings is liable to be set aside as the addition was made on the basis of the finding of Central Excise Department which was eventually decided in favor of the assessee.

ITAT allows depreciation on expense for ERP software named WFX-ERP-II

January 3, 2023 1071 Views 0 comment Print

Indo British Garments P. Ltd. Vs ACIT (ITAT Delhi) The solitary issue in this appeal is that the assessee has capitalized the said expenses in their financial statements and treated the same as royalty and claimed the same as revenue expenditure in the computation of income. The AO held that since the assessee itself has […]

Benefit u/s 54 available as total capital gain utilized for acquisition of new house

January 3, 2023 510 Views 0 comment Print

ITAT Delhi held that benefit u/s 54 of the Income Tax Act duly available the amount equivalent to the capital gains has been utilized for acquisition of new house

Income tax deduction cannot be denied for mere human error in ITR

January 3, 2023 1038 Views 0 comment Print

Assessee claimed deduction u/s. 10B of Income Tax Act in its return of income instead of section 10AA. This can be a human error while preparing E-return.

Typographical error should be rectified via rectification application u/s 154

January 2, 2023 4491 Views 0 comment Print

ITAT Delhi held that typographical error is to be rectified by filing a rectification application under section 154 of the Income Tax Act and not by preferring an appeal.

Forfeited commission expense allowable as TDS paid on the same

January 2, 2023 1116 Views 0 comment Print

ITAT Delhi held that forfeited for loss of commission or short sales cannot be disallowed as TDS deduction against the same is paid by the appellant in the respective financial year.

Income Tax addition based on mere doubt and suspicion not sustainable

January 1, 2023 2622 Views 0 comment Print

Narender Kumar Vs ITO (ITAT Delhi) Undisputedly, in course of assessment proceeding, the assessee had explained the source of cash deposits in the bank account by stating that it was out of gift received from his grand-father Shri Phool Singh. The Assessing Officer, however, has rejected assessee’s claim as the notice issued under Section 133(6) […]

PCIT not entitled to go beyond reasons related to limited scrutiny

January 1, 2023 951 Views 0 comment Print

Sanjiv Kumar Mittal Vs PCIT (ITAT Delhi) On appraisal of the evidences placed before us, we find that vide notice dated 10.08.2018 specific queries were raised by the AO in relation to the issue raised for the purposes of limited scrutiny, i.e., ‘Payment of tax in cash during demonetization period’. In response, the assessee has […]

Section 44AB: Turnover not include sales affected on behalf of principals

December 31, 2022 1689 Views 0 comment Print

Devki Nandan Bindal Vs ITO (ITAT Delhi) The Board has clarified that the turnover does not include the sales affected on behalf of the principals and only the gross commission has to be considered for the purposes of section 44AB where the agents act only as an agent of his constituent and never acts as […]

Bogus Purchases Disallowance restricted to profit element embedded in bogus purchases

December 31, 2022 2511 Views 0 comment Print

In case of Bogus Purchases, the entire purchase cannot be disallowed but the disallowance can be restricted to the profit element embedded in Bogus purchases.

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