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ITAT Delhi

ITAT Deletes Addition for failure of Revenue to Provide Cross-Examination of Witness

June 24, 2022 741 Views 0 comment Print

Explore the ITAT Delhi ruling in Garg Acrylics Ltd case. Detailed analysis of alleged bogus purchases, challenges to statement validity, and successful reversal of unjustified additions.

CIT(A) must decide appeal on merits even if assessee not attends appeal proceedings

June 24, 2022 1191 Views 0 comment Print

The undisputed fact is that none appeared before the ld. CIT(A) who was convinced that the assessee did not want to pursue the appeal and, therefore, drew support from the decision of the Hon’ble Supreme Court in the case of B.N. Bhattachargee and Other [supra].

Section 148 assessment reopening notice against dead person is invalid

June 24, 2022 1584 Views 0 comment Print

Explore the ITAT Delhi ruling in Neelam Dhingra vs. DCIT. Invalid reassessment notice against a deceased person. Legal fallacies leading to quashing of the order.

Manipulation & Rigging via Penny Stock Company: ITAT upholds Addition

June 24, 2022 2688 Views 0 comment Print

Aditya Saraf HUF Vs ITO (ITAT Delhi) It is observed, as per the investigation conducted in relation to the shares of the company, on which, the assessee offered long term capital gain, it was found that it is a penny stock company. It was also found that due to price manipulation and rigging, there was […]

No section 271AAA penalty if assessee offered undisclosed income in section 132(4) statement

June 24, 2022 1722 Views 0 comment Print

ITAT held that penalty under section 271AAA(1) cannot be imposed in a case where the assessee has offered the undisclosed income in the statement recorded under section 132(4) of the Act, specifying the manner in which such income has been derived and if the assessee pays the tax along with interest of such income.

Setoff of unabsorbed depreciation available against income from other source

June 23, 2022 1107 Views 0 comment Print

Hewitt Associates (India) Private Limited Vs ACIT (ITAT Delhi) Setoff of unabsorbed depreciation should be allowed against income from other source. Facts- The assessee, Hewitt Associates (India) Private Limited, engaged in providing support services to its associated enterprises (“AEs”). The services are software development support services and Business Process Outsourcing (BPO) services. The assessee had […]

Examining fulfilment of conditions at the time of registration u/s 12AA is unjustified

June 23, 2022 1803 Views 0 comment Print

ITAT Held that at the stage of granting registration u/s. 12AA of the Act, authority cannot examine whether the conditions for availing exemptions under Section 11 of the Act are fulfilled or not.

Consideration for Resale of Computer Software Is Not Royalty

June 23, 2022 1035 Views 0 comment Print

consideration for the resale of the computer software through End User License Agreement (EULA)/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the same does not give rise to any income taxable in India

ITAT deletes penalty for not getting account audited in absence of determination of turnover

June 23, 2022 624 Views 0 comment Print

Yuvraj Singh Vs ITO (ITAT Delhi) ITAT find that reasonable cause exists for failure of the assessee to get his account audited in respect of previous year relevant to Assessment Year 2011-12 in question. The assessee has claimed turnover in business to the tune of Rs.58,42,500/-which is below the threshold of Rs.60 lac applicable at […]

Bald verification makes affidavit meaningless & valueless

June 23, 2022 1353 Views 0 comment Print

Surinder Kaur Sethi Vs ACIT (ITAT Delhi) The assessee has tried to support the claim towards cost of improvement of Rs.1,80,000/- and Rs.2,00,000/- purportedly incurred in F.Y. 1982 and 1983 respectively by way of affidavit. On inquiry, from the bench, it was however admitted that other than affidavit, the assessee does not possess any other […]

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