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ITAT Delhi

Cost imposed on Assessee for failure to appear on 8 occasions before CIT(A)

August 14, 2022 729 Views 0 comment Print

Asessee has failed to appear on 8 occasions before the ld. CIT(A). Conduct of assessee is clogging justice delivery system. Hence, ITAT directed the assessee to pay Rs.10,000/- to Prime Minister’s National Relief Fund

No prohibition in law on deposit of cash in piece-meals during demonetization

August 13, 2022 1860 Views 0 comment Print

If an assessee has cash available prior to demonetization and if he opted to deposit the same multiple times, there is no prohibition in law for such deposits.

Land cannot be treated as agricultural if Sale Deed demonstrate the same as industrial land

August 13, 2022 5307 Views 0 comment Print

Phool Singh Vs ITO (ITAT Delhi) ITAT do not find any merit into the objection of the assessee that the land in question being agricultural land cannot be treated as capital asset. The sale-deed itself goes to demonstrate that what was being transferred was an industrial land. Therefore, there is no ambiguity on these facts. […]

Mere Non-response from creditors cannot be treated as furnishing of inaccurate particulars of income

August 13, 2022 843 Views 0 comment Print

Royal Rubber Works Vs ITO (ITAT Delhi) Undisputedly, the addition based on which the Assessing Officer imposed penalty under section 271(1)(c) of the Act was on account of sundry creditors. While deciding the quantum appeal of the assessee, the Tribunal has deleted the major part of the addition, accepting assessee’s submission that such amount was […]

Section 54/54F exemption cannot be disallowed merely for closure of capital gain account without NOC of AO

August 13, 2022 1662 Views 0 comment Print

Closer of capital gain account without NOC of AO, the broad provisions and compliance of law surpass the mere default in not taking prior permission of ITO before closer of account

Revised return file to reflect amalgamation scheme approved by HC cannot be ignored by AO

August 12, 2022 789 Views 0 comment Print

ACIT Vs Rohit Bal Designs Pvt. Ltd. (ITAT Delhi) Ld. A.O has committed an error by passing assessment order based on standalone basis despite fact that he had full knowledge of amalgamation while making the addition. The Ld. A.O should have considered the effect of amalgamation more so in view of the specific mandate of […]

TDS not deductible on payment for usage of rights for internet/ telecom facility

August 12, 2022 80406 Views 0 comment Print

Held that payment made for usage of rights for the internet and telecom facility doesn’t fall in the nature of work defined u/s 194C and hence TDS not deductible.

Section 269SS not applies to Cash Loan between Agriculturists not having income chargeable to tax

August 11, 2022 3534 Views 0 comment Print

Raman Chaudhary Vs ACIT (ITAT Delhi) It is evident, the assesse is an agriculturist. For purchasing some agricultural land jointly, the assessee had availed cash loan from other agriculturists. It is a fact on record that the genuineness of the loan availed by the assessee has been accepted by the departmental authorities. Of course, there […]

Pre-operative expenditure cannot be allowed as business expenditure

August 10, 2022 10563 Views 0 comment Print

Held that as the business has not been set up during the year under consideration all the pre-operative expenditures are not deductible as business expenditure

Addition of CSR Expenses to book profit disclosed in audited accounts not justified

August 10, 2022 3327 Views 0 comment Print

Addition of CSR expenses to book profit under section 115JB was not justified as AO or assessee, none could tinker with book profit disclosed in audited account and once the accounts had been prepared in accordance with standards in this regard, this tinkering by AO had no sanction of law.

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