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ITAT Delhi

Revision of order not being erroneous & prejudicial to interest of revenue unjustified

March 18, 2023 852 Views 0 comment Print

ITAT Delhi held that revision of assessment order unjustifiable as the assessment order cannot be considered to be erroneous and prejudicial to the interest of revenue.

Initiation of reassessment proceeding by mere putting a seal as approving statement not sufficient

March 18, 2023 1290 Views 0 comment Print

ITAT Delhi held that by mere putting a seal as approving statement is not sufficient for initiation of reassessment proceedings u/s 147. It proves that approving authority has granted the approval in mechanical manner without application of mind and hence initiation of reassessment proceedings invalid.

If provisions of DTAA more beneficial then it supersedes provisions of income tax

March 17, 2023 3528 Views 0 comment Print

ITAT Delhi held that the provisions of a DTAA (Double Taxation Avoidance Agreement) supersedes the provisions of the income tax Act in case their application is more beneficial.

Addition u/s 69A via rectification order u/s 154 based on surmises and conjectures unsustainable

March 16, 2023 2196 Views 0 comment Print

Pawan Raj Goyal Vs DCIT (ITAT Delhi) ITAT Delhi held that addition of unexplained money under section 69A of the Income Tax Act via rectification order passed under section 154 stating there was mistake apparent from record is based on surmises and conjectures and hence unsustainable. Facts- Assessee has preferred the present appeal contending that […]

ESOP expenditure is allowable under section 37(1) of Income Tax Act

March 16, 2023 19515 Views 0 comment Print

ITAT Delhi held that ESOP (Employees Stock Option) expense is allowable expense under section 37(1) of the Income Tax Act in computing the income in profit and loss of business or profession.

Delay of 306 days in filing of an appeal condoned on reasonable cause shown

March 16, 2023 1359 Views 0 comment Print

ITAT Delhi condoned delay of 306 days in filing of an appeal based on the reasonable cause that firstly assessee was in prison and when released it was lock-down.

Reassessment proceedings without issuance of notice u/s 143(2) is bad in law

March 14, 2023 7785 Views 0 comment Print

ITAT Delhi held that reassessment proceedings without issuance of notice under section 143(2) of the Income Tax Act is bad in law and liable to be quashed.

Section 271B penalty deleted – Tax audit report submitted before finalization of assessment

March 14, 2023 6063 Views 0 comment Print

Assessee gets his accounts audited & furnished section 44AB audit report before finalization of assessment order, so section 271B Penalty deleted

No condonation of delay if no steps by appellant to effectively pursue the appeal

March 14, 2023 1491 Views 0 comment Print

ITAT denies condonation of delay & held that Preferring appeal does not mean mere formally filing it but also taking all steps to effectively pursue the appeal

Satellite Transmission Services cannot be treated as royalty

March 14, 2023 1353 Views 0 comment Print

ITAT held that receipts from Satellite Transmission Services cannot be treated as royalty & not taxable at the hands of assessee in India

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