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ITAT Delhi

Section 68 addition valid if Assessee Fails to Prove Creditworthiness of Creditors

June 21, 2022 777 Views 0 comment Print

Sumo Advertises Pvt. Ltd. Vs ACIT (ITAT Delhi) A perusal of the assessment order reveals that during the course of the assessment proceedings, the Id. AO asked the appellant to establish the credits appearing in its books of account. However, no details were filed by the latter. As per the provisions of section 68, the […]

Penalty not imposable merely for making of a claim, which is not sustainable in law

June 21, 2022 684 Views 0 comment Print

Mere making of a claim, which is not sustainable in law, would not, ipso facto, amount to concealment of income or furnishing of inaccurate particulars of Income

Section 194C TDS not applicable on payments of EDC to HUDA

June 21, 2022 5226 Views 0 comment Print

Provisions of Section 194C are not applicable on payments to agencies like HUDA on behalf of the State Government. The imposition of penalty under Section 271C was consequently found to be unsustainable in the absence of default of Section 194C of the Act.

Addition to income of trust merely for delayed filing of Audit report electronically not justified

June 21, 2022 2721 Views 0 comment Print

DSOB Class of 64 Charitable Trust Vs DCIT (ITAT Delhi) Learned counsel submitted that the addition was made on account of non-furnishing of the audit report in form 10B through electronic mode. Learned counsel submitted that the learned CIT(Appeals) has noted the fact that return of income was filed on 31.08.2018 and the audit report […]

Assessment order based on invalid Section 143(2) notice is equally Invalid

June 21, 2022 966 Views 0 comment Print

Uttam Enterprises Pvt. Ltd. Vs ACIT (ITAT Delhi) Assessee had filed its return of income under Section 139(1) on 13.09.2013. Thus, as per proviso to Section 143(2) of the Act, as it existed prior to its amendment by Finance Act, 2016 w.e.f. 01.06.2016, no notice under Section 143(2) of the Act shall be served on […]

TPO cannot disallow aggregation of negative values which was allowed in original order by TPO

June 21, 2022 549 Views 0 comment Print

ACIT Vs GP Global Energy Pvt. Ltd. (ITAT Delhi) In so far as bench marking the international transactions using customs data is concerned we sustain the order of the Ld. CIT(Appeals) as the Ld. CIT(A) observed that the Chennai Bench of the Tribunal in the case of Coastal Energy Pvt. Ltd. Vs. ACIT (supra) held […]

Ruling of AAR is binding upon Revenue authorities

June 21, 2022 2211 Views 0 comment Print

EY Global Services Ltd. Vs ACIT (ITAT Delhi) ITAT finds itself in agreement with the submissions made by the ld. DR for the Revenue. AO has only followed the ruling of AAR in assessee’s own case and as per the provisions of section 245S of the Act, ruling of Hon’ble AAR is binding upon the […]

Section 154 cannot be invoked on debatable issues

June 21, 2022 2445 Views 0 comment Print

South West Pinnacle Exploration Ltd. Vs ACIT (ITAT Delhi) Rectification under section 154 of the Act can only be made when glaring mistake of fact or law has been committed by the officer passing the order becomes apparent from the record. Rectification is not possible if the question is debatable. Moreover, the point which was […]

ITAT upheld partial disallowance of expense which are not fully verifiable

June 21, 2022 816 Views 0 comment Print

Bistro Hospitality Pvt. Ltd. Vs ACIT (ITAT Delhi) Disallowance of Rs.4,00,000/- was made by the AO on adhoc basis on the ground that the amounts claimed under the expenses are neither fully vouched nor fully verifiable, so it cannot be said that the same are wholly and exclusively incurred for the purpose of business. The […]

Cash Gift from Father Taxable on failure to prove creditworthiness

June 21, 2022 37686 Views 0 comment Print

Praveen Kumar Chauhan Vs ITO (ITAT Delhi) Revenue submitted that the assessee failed to explain the source of cash deposits. The only contention of the assessee before the authorities below was that the amount was received as a gift from his father. He submitted that the assessee has merely filed an affidavit. However, creditworthiness of […]

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