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ITAT Delhi

Addition u/s 68 unsustainable as credit worthiness and genuineness of loan established

August 20, 2022 3258 Views 0 comment Print

Held that assessee established identity of the creditors by bringing on record their PANs and complete addresses of the creditors. Hence addition u/s 68, without bringing out any adverse or cogent material to dispute the credit worthiness of the creditors and genuineness of the transactions, is unsustainable

Capital receipt not become taxable for mere utilisation for incurring revenue expenditure

August 20, 2022 2061 Views 0 comment Print

Merely because a capital receipt is utilized for incurring revenue expenditure it will not change the nature of capital receipt into a revenue item.

Penalty proceedings without specification of reason is bad in law

August 20, 2022 1785 Views 0 comment Print

Held that notice issued u/s. 274 r.w.s. 271(1)(c) needs to specify the limb under which penalty proceedings are initiated. Penalty not leviable, in absence of the specification of the limb.

Delay not condoned in absence of valid and genuine ground

August 20, 2022 1452 Views 0 comment Print

Held that as the assessee has already abandoned its statutory right of filing an appeals and has consciously taken decision. Therefore, delay of more than 10 years cannot be condoned without valid and genuine ground.

Section 271(1)(c) penalty cannot be imposed instead of Section 271AAA

August 20, 2022 1194 Views 0 comment Print

Section 271AAA seeks to impose penalty where undisclosed income is detected during the course of search initiated under Section 132 of the Act on or after 01.06.2007 which condition has been fulfilled

TDS credit allowable in the year in which income offered by assessee

August 19, 2022 2958 Views 0 comment Print

As per Section 199 r.w. Rule 37BA(3), credit for TDS shall be allowed by AO in the year when the income has been offered by the assessee.

Section 44DA not applicable when the amount received doesn’t qualify as royalty/ FTS

August 18, 2022 2499 Views 0 comment Print

Held that as the amount received by the assessee is not in the nature of royalty or FTS, section 44DA of the Income Tax Act will not apply.

ITAT dismisses appeal for non-payment of Court fee despite ample of Opportunities

August 18, 2022 573 Views 0 comment Print

Pankaj Sharma Vs ITO (ITAT Delhi) I find that the present appeal is defective for want of payment of proper Court fee and the assessee has not removed the defect despite having given ample opportunities. I therefore, dismiss the appeal in limine on account of appeal being defective. However, it is clarified that if the […]

Serious Medical Condition of daughter is Reasonable Cause for Delay in filing Appeal

August 16, 2022 939 Views 0 comment Print

Assessee assigned the reason for condoning the delay was that, ‘his daughter was hospitalized in the month which is a reasonable cause

No addition for Cash Gift from Siblings for Medical Emergencies

August 16, 2022 1416 Views 0 comment Print

ITAT held that cash gifts received by the assessee from her brother and sister cannot be added as unexplained income under section 69A.

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