Additions made primarily on basis of oral evidence of third parties, without giving fair opportunity of hearing and right to cross-examine those parties to assessee not sustainable
Neelkanth Town Planners Pvt. Ltd. Vs DCIT (ITAT Delhi) We find that the Assessing Officer has issued the penalty notice stating that, subsequently penalty notice u/s 271(1)(c) was issued on 20.03.2017, fixing the case for hearing on 24.03.2017. The assessee was asked to why penalty u/s 271(1)(c) should not be imposed upon you for concealment […]
Uma Strips Ltd. Vs DCIT (ITAT Delhi) In this case ITAT find that there is no live link presented by the AO between the material available with him i.e. the report of the investigation and to reason to belief that the assessee has tried to evade the assessment for the particular year in question. Simply […]
Intelsat Corporation Vs ACIT (ITAT Delhi) Ld. AO erred in not appreciating that appellant being a resident of USA is covered by the beneficial provisions of DTAA between India and USA and accordingly, could not be taxed under the provisions of the Act. The Ld. Counsel for the assessee submitted that, the issues involved in […]
Karcher Cleaning Systems Pvt Ltd. Vs ACIT (ITAT Delhi) The assessee is a pure trading company involved in the distribution activity without adding any value to the purchased product and hence the RPM is the most appropriate method. Facts- The assessee is a subsidiary of Karcher Beteilgungs GmbH which started its commercial activities on 16.04.2011 […]
Paramount Probuild Pvt. Ltd. Vs DCIT (ITAT Delhi) Held that when there is no incriminating material was unearthed during the course of search in respect of an issue, then no addition in respect of such an issue can be made in the assessment u/s 153A & 153C of the Act. Facts- The assessee Company is […]
Heritage Infracon Pvt. Ltd. Vs DCIT (ITAT Delhi) At the outset learned counsel for the assessee submitted that in quantum proceedings the Tribunal vide its order dated 4.12.2019 was pleased to delete the addition made by the Assessing Officer. Revenue has not disputed the fact that the assessment has been quashed by the Tribunal in […]
Tanya Automobiles Pvt. Ltd. Vs ACIT (ITAT Delhi) It was pointed out by the Ld. Counsel for the assessee that the quantum appeal arising out of assessment order has been decided vide ITA No. 1842/Del/2017 and the addition has been deleted. The fact could not be controverted by the Revenue. The Bench is of firm […]
Kuldeep Katiyar Vs ACIT (ITAT Delhi) Addition of Rs.13,07,933/-treating the agricultural income as income from other sources. ITAT find that the assessee produced certain evidences in support of his claim regarding earning of agricultural income. The AO without verifying the correctness of claim and rebutting the evidences based his finding on certain statistical data. No […]
DCIT Vs Railtel Corporation Of India Ltd. (ITAT Delhi) On perusal of the audit report of the Assessee-company, we observe that the Independent Statutory Auditor has expressed ‘qualified’ opinion on the financial statement and one of the qualifications relates to claim of loss on revaluation of assets in question. The qualification of Auditor has the […]
