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ITAT Delhi

Section 80IC: Year of substantial expansion is initial assessment year within the period of 10 years

November 21, 2022 1446 Views 0 comment Print

It was held that there can be two initial assessment years and the year in which there was substantial expansion that year is the initial assessment year within the period of 10 years for the purpose of claiming deduction under section 80-IC of the Act.

Additions on substantive basis without considering Supplementary Partnership Deed submitted by Assessee are not justified

November 17, 2022 1992 Views 0 comment Print

Satish Kumar Contractor Vs  ACIT (ITAT Delhi) Counsel for the assessee vehemently submitted that the AO was not justified in making the addition on substantive basis in the hands of the assessee. He submitted that the assessee had filed a Supplementary Partnership Deed which clarified about the liability of the assessee firm. It was further […]

Section 271(1)(c) penalty cannot be levied on Income Tax Additions on Ad-Hoc Basis

November 17, 2022 3309 Views 0 comment Print

Additions made on ad-hoc basis on estimation does not attract penalty under section 271(1)(c) of the Act as there is no conclusive proof of concealment of income or furnishing of inaccurate particulars of income.

No addition for Cash Deposited during Demonetization Period if not exceed Threshold Limit

November 17, 2022 4932 Views 0 comment Print

ITAT Delhi rules in favor of Amar Singh. Deletion of Rs. 2,23,000 addition under Section 69A. CBDT Instruction applied for demonetization period cash deposits.

Legal/ professional expense for opinion about prospective investment is not capital expenditure

November 17, 2022 1095 Views 0 comment Print

ITAT Delhi held that expenses paid to legal and professionals for an opinion about legal and tax consequences of the prospective investment cannot be considered to be a capital expenditure. Such expenses are revenue in nature.

Additional evidences having crucial bearing should not be rejected on technicalities

November 17, 2022 714 Views 0 comment Print

Karam Singh Vs ITO (ITAT Delhi) Assessing Officer made the addition alleging that the assessee did not furnish the required information to prove the loan transaction. However, it is observed, before the first appellate authority, the assessee produced additional evidences, such as, the bank statements of lenders, copy of Income Tax Return etc. to prove […]

Initiation of re-assessment proceeding only on suspicion is unauthorized

November 17, 2022 1035 Views 0 comment Print

ITAT Delhi held that initiation of reassessment proceedings without applying his mind based only on the sole reason that as per AIR information assessee has deposited cash in his savings bank is without authority of law.

Addition on account of cash deposit without disproving cash flow statement is invalid

November 15, 2022 3156 Views 0 comment Print

ITAT held that Once cash flow statement is not controverted by the Assessing Officer as well as the ld. CIT[A], the addition of such cash deposit is not valid

More than 15% of revenue generated from India can’t be attributed to Permanent Establishment: ITAT

November 15, 2022 885 Views 0 comment Print

The ITAT by relying upon the Judgment of co-ordinate Bench, wherein co-ordinate Bench followed the Judgment of Jurisdictional High Court have observed that 15% of the revenue relating to bookings made from India being attributable to the taxpayers PE in India after considering the nature and extent of activities in India and abroad and assets employed & risk assumed.

Addition towards unexplained investment u/s 69 on loose sheet is unsustainable

November 15, 2022 3018 Views 0 comment Print

ITAT Delhi held that addition of unexplained investment under section 69 of the Income Tax Act merely on the basis of loose sheet alone without any other corroborative evidence is unsustainable in law.

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