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ITAT Delhi

TDS not deductible on EDC Payment to HUDA; Section 271C penalty not imposable

November 3, 2022 1584 Views 0 comment Print

Sirur Developers Pvt. Ltd. Vs JCIT (TDS) (ITAT Delhi) ITAT find that the issue as to whether penalty under section 271C of the Act is leviable for non-deduction of tax on payments made for External Development Charges (EDC) to HUDA came up for hearing before the Tribunal in the case of TDI Infrastructure Ltd. Vs. […]

Penalty not imposable for non-submission of part documents related to bona fide claim as business was closed 

November 3, 2022 1104 Views 0 comment Print

Assessee had already closed down its business and therefore, could not file part documents as required by Assessing Officer, however, from documents produced, it is apparently clear that required details with regard to purchase price/value of property was available before authorities

Reopening u/s 148 justified as assessment order suffered from non-application of mind

November 2, 2022 1545 Views 0 comment Print

ITAT Delhi held that assessment order suffered from non-application of mind and also overt omission and failure on the part of the assessee to disclose fully and truly all material facts as were necessary for the assessment. Accordingly, reopening of assessment u/s 148 justified.

Deduction of processing fees for purchase of business assets is allowable

October 31, 2022 3396 Views 0 comment Print

ITAT Delhi held that processing fees for purchase of business assets is allowable as deduction as the loan has been taken for purchase of assets which are used for the business of the assessee.

Foreign exchange loss duly allowable as deduction

October 31, 2022 1896 Views 0 comment Print

ITAT Delhi held that AO duly accepted foreign exchange gain offered to taxation in earlier Assessment Year, hence AO cannot disallow foreign exchange loss assuming it to be a contingent loss in the year under consideration.

Affidavit cannot be brushed aside without verifying the veracity of such affidavit

October 28, 2022 2040 Views 0 comment Print

It is seen from the record that the assessee had filed various evidences in the form of affidavit etc. The learned CIT(A) has brushed aside those evidences without even verifying the veracity of such affidavit. Merely stating that the affidavit was procured subsequent to marriage, in my considered view is not justified.

ITAT condone delay as notice & penalty order was not served on assessee

October 25, 2022 1230 Views 0 comment Print

Dinesh Babu Saxena Vs ITO (ITAT Delhi) As against the penalty order dated 30/09/2016, the assessee has preferred the Appeal before the CIT(A) with a delay of more than 12 months. It is the specific case of the assessee before the CIT(A) that the assessee has not received any notice u/s 271(1)(c) or the order […]

No section 14A Disallowance if no Exempt Income received during the year under consideration

October 24, 2022 630 Views 0 comment Print

Addl. CIT Vs TV Today Network Ltd. (ITAT Delhi) The Ground in respect of deleting disallowance of Rs. 56,20,737/- u/s 14A of the Act on the ground that disallowance u/s 14A cannot exceed exempt income. The issue involved in Ground No. 2 is also decided in favour of the assessee in ITA No. 7277/Del/2018 for […]

ITAT Condones Delay as counsel not intimated Regarding Ex Parte Order

October 24, 2022 954 Views 0 comment Print

Surender Vs ITO (ITAT Delhi) The assessee has suffered an assessment order dated 14/12/2016, but the assessee has challenged the same before the CIT(A) with a delay of 224 days. It is the case of the assessee before the Ld. CIT(A) for condoning the delay is ‘that the assessee was under the impression that his […]

Tax exemption available to defence personnel invalidated from service due to bodily disability

October 21, 2022 11664 Views 3 comments Print

ITAT Delhi held that income tax exemption shall be available to the Defence Forces Personnel who have been invalidated from service on account of bodily disability while in service.

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