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ITAT Delhi

Prior to AY 2021-22 Employee’s contribution to PF deposited before due date of filing of ITR allowable

June 29, 2022 1779 Views 0 comment Print

Explore ITAT Delhi ruling in Sandeep Kumar Agarwal vs. ADIT, allowing employer deduction for EPF & ESIC, even if paid post EPF & ESIC due date but before income tax return deadline.

No section 68 addition if Assessee Proves Authenticity of Transaction with Evidence

June 29, 2022 1260 Views 0 comment Print

Rupal Jain Vs ACIT (ITAT Delhi) We notice that the assessee has not only discharged the primary onus by filing confirmation and the IT returns and balance sheet of the lenders, the assessee is also stated to have paid interest in most of the cases and deducted TDS thereon. Noticiably, the lenders are the family […]

Only due to mention of PAN, credit or transaction cannot be attributed to assessee

June 29, 2022 7215 Views 0 comment Print

Explore the Madhav Kumar Swarup vs. ACIT case where the attribution of credit card expenditure is contested. Detailed analysis and conclusions provided.

Excise duty/Interest subsidy given in pursuant of industrial policy is capital receipt

June 28, 2022 786 Views 0 comment Print

ITAT held that excise duty subsidy and interest subsidies given in pursuant of new industrial policy were held to be capital receipts.

ITAT allows Carry Forward of depreciation in succeeding assessment years

June 28, 2022 531 Views 0 comment Print

In a crucial decision, ITAT Delhi rules in favor of Nimit Kumar Aneja, allowing depreciation under section 32. Analysis of the case and its implications for carry-forward of WDV.

Order of CIT(A) directing AO to levy penalty u/s 271AAA unjustified

June 28, 2022 651 Views 0 comment Print

It is not open to the First Appellate Authority i.e., CIT(A) to set aside the order of the A.O. and order a remand or to give any directions. Hence, CIT(A) was not justified in giving direction to the A.O. to levy penalty u/s. 271AAA of the I.T. Act, 1961.

Reassessment without service of notice is without jurisdiction

June 27, 2022 1257 Views 0 comment Print

ITAT held that where notice u/s 148 was not served on the assessee in accordance with law the reassessment made consequent thereto was without jurisdiction and liable to be quashed. In the case on hand as the Revenue could not prove the service of notice u/s 148 on the assessee in accordance with law the re-assessment made u/s 147 read with section 144 pursuant to such notice is void ab initio and bad in law.

No penalty for Deduction reduced on account of interpretative process

June 27, 2022 576 Views 0 comment Print

Deduction reduced on account of interpretative process cannot per se be equated with furnishing of inaccurate particulars of income.

Invoking section 263, for comprehensive inquiry made by AO, unsustainable

June 27, 2022 540 Views 0 comment Print

Detailed analysis of Sh. Jai Parkash Garg Vs PCIT case at ITAT Delhi. AO enquiry, PCIT jurisdiction, and conclusion discussed. Appeal allowed on 14/06/2022.

Section 271C penalty not imposable if TDS was not deductible

June 27, 2022 1281 Views 0 comment Print

Assessee has challenged the imposition of penalty under Section 271C of the Income Tax Act for non deduction of tax at source as per provisions of Chapter XVII-B towards amount paid as External Development Charges (EDC) to Directorate of Town and Country Planning, Haryana (Haryana Government) (DGTCP) through banking channel favouring Haryana Urban Development Authority (HUDA).

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