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ITAT Delhi

Cash payment for Purchase at remote locate & desert of Rajasthan allowable- Section 40A(3)

November 6, 2022 861 Views 0 comment Print

Grit has been purchased by assessee from petty persons who are illiterate and who make their living by breaking stones by hand tools and they do not possess PAN Cards has not been proved to be false or untrue.

ITAT directs fresh hearing against ex-parte order- Imposes Cost on Assessee

November 6, 2022 639 Views 0 comment Print

Every assessee has a right to appeal before the authorities against any addition or disallowance made to the returned income, at the same time, it is least expected that the assessee would comply to the notices issued by the authorities in an appropriate way.

Expense on gifting of freebies to medical practitioners not allowable

November 4, 2022 1212 Views 0 comment Print

Mankind Pharma Ltd Vs DCIT (ITAT Delhi) The issue in the present ground is with respect to the disallowance of sale promotion expenses of Rs.1,06,78,600/- by holding it to be covered by Explanation of Section 37(1) of the Act. We find that Hon’ble Apex Court in the case of Apex Laboratories Pvt. Ltd. (supra) has […]

Excise duty refund & interest subsidy given to create employment are capital receipts

November 4, 2022 699 Views 0 comment Print

Insecticides (India) Ltd. Vs DCIT (ITAT Delhi) It was noticed by Assessing Officer that in revised return, Assessee has reduced an amount of Rs. 14,84,20,415/- out of total income under the head of business claiming to be ‘capital receipts’, which was actually shown as ‘revenue receipts’ in the original return of income. The Assessee while […]

ITAT directs AO to consider Additional Evidence related to cash deposit

November 4, 2022 945 Views 0 comment Print

Dr. BR Ambedkar Jain Kalyan Swayam Sahayata Samiti Vs ITO (ITAT Delhi) Undisputedly, in course of assessment proceeding the assessee went unrepresented, for whatever may the reason. Therefore, the assessee did not get any opportunity to explain the source of cash deposits made in the bank account with supporting evidence. However, before learned first appellate […]

No penalty for Adjustment in book profit due to disallowance of depreciation under MAT provisions

November 4, 2022 1146 Views 0 comment Print

Jubilant Infrastructure Ltd Vs DCIT (ITAT Delhi) The disallowance of depreciation in quantum proceedings in A.Y.2016-17 has also resulted in corresponding enhancement of deduction under section 80IAB by the equal amount. The AO has also allowed the enhanced deduction in the quantum and, therefore, no prejudice was caused to the revenue by such claim. It […]

Business promotion & Diwali expenses allowable as genuineness not doubted

November 3, 2022 3090 Views 0 comment Print

ITAT Delhi held that there is no doubt about the genuineness of the expenditure of business promotion expenses and Diwali expenses and there is also no finding that such expenses are incurred for the personal purpose/ extraneous nature of expenses.

TDS not deductible on EDC Payment to HUDA; Section 271C penalty not imposable

November 3, 2022 1614 Views 0 comment Print

Sirur Developers Pvt. Ltd. Vs JCIT (TDS) (ITAT Delhi) ITAT find that the issue as to whether penalty under section 271C of the Act is leviable for non-deduction of tax on payments made for External Development Charges (EDC) to HUDA came up for hearing before the Tribunal in the case of TDI Infrastructure Ltd. Vs. […]

Penalty not imposable for non-submission of part documents related to bona fide claim as business was closed 

November 3, 2022 1155 Views 0 comment Print

Assessee had already closed down its business and therefore, could not file part documents as required by Assessing Officer, however, from documents produced, it is apparently clear that required details with regard to purchase price/value of property was available before authorities

Reopening u/s 148 justified as assessment order suffered from non-application of mind

November 2, 2022 1602 Views 0 comment Print

ITAT Delhi held that assessment order suffered from non-application of mind and also overt omission and failure on the part of the assessee to disclose fully and truly all material facts as were necessary for the assessment. Accordingly, reopening of assessment u/s 148 justified.

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