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ITAT Delhi

Expense cannot be disallowed merely for non-production of vouchers by employees

April 13, 2021 6573 Views 0 comment Print

Hero Motocorp Ltd Vs ACIT (ITAT Delhi) FULL TEXT OF THE ORDER OF ITAT DELHI Regarding Ground No. 16 relating to disallowance of reimbursement of foreign travelling expenses to directors/employees amounting to 7.38 crores, the Ld. AR submitted that the disallowance was made on the ground of non-submission of evidence/proof of actual expenses incurred by employees. […]

Section 271(1)(c) Penalty without Specifying The Limb Is Invalid

April 13, 2021 1872 Views 0 comment Print

Elite Realtech Pvt. Ltd. Vs ACIT (ITAT Delhi) As regards penalty order, firstly, the correct limb was not struck off or rather indicated by the Assessing Officer in the notice under Section 274 r.w.s. 271(1)(c) of the Act and hence the decision of the Jurisdictional High Court in case of M/s Sahara India Life Insurance […]

No Section 271AAA penalty on ad-hoc addition based on average GP rate

April 12, 2021 1746 Views 0 comment Print

M/s Ace Steel Fab (P) Ltd. Vs DCIT (ITAT Delhi)  In the present appeal, the only addition made in the income was of Rs.11,52,300/- on account of estimation of Gross Profit @ 68%. It is the contention of the assessee that the discrepancy in stock was due to malfunction in the ERP software. Though, this […]

No Tax on Compensation for Acquisition of Agricultural Land by State Government

April 12, 2021 6426 Views 0 comment Print

Nariender Kumar Vs ITO (ITAT Delhi) It is pertinent to note that the assessee had received Rs. 1.42 crore on account of enhanced compensation of land acquisition, which included compensation of Rs. 56.90 lakhs and interest of Rs. 85.32 Lakhs. The Assessing Office had made addition of Rs. 42.66 Lakhs being 50% of interest of […]

Reassessment proceedings after 4 Years invalid if reasons recorded not alleges failure on the part of Assessee

April 12, 2021 2247 Views 0 comment Print

Bharti Cellular Ltd. Vs DCIT (ITAT Delhi) It is trite that in order to reopen an assessment made under Section 143 (3) of the Act after the expiry of four years from the end of the relevant assessment year, the reasons recorded must allege that there was failure on the part of the assessee to […]

Interest on Late Payment of TDS not allowable as business expense

April 11, 2021 7302 Views 0 comment Print

New Modern Bazaar Vs ITO (ITAT Delhi) The conditions of the allowability of expenditure is laid down u/s 37 (1) of the income tax act which speaks that any expenditure which is not a capital expenditure or personal expenses of the assessee which is laid out or expended wholly and exclusively for the purpose of […]

Penalty not sustainable when Quantum Addition was set aside

April 11, 2021 5277 Views 0 comment Print

RBJ Infratech Pvt. Ltd. Vs ITO (ITAT Delhi) We are of the view that penalty U/s 271(1)(c) of I.T Act levied by AO has no legs to stand at present, when the corresponding additions made by the AO have already been deleted by ITAT vide its aforesaid order dated 22.12.2020 when the aforesaid quantum addition […]

ITAT deletes addition made merely on estimate basis

April 11, 2021 1551 Views 0 comment Print

Additions to income–Addition towards sale proceeds of the agricultural produce–Assessee produced all the documentary evidences towards ownership of land and towards carrying on agricultural activities

Additions Made Without Giving Copy of Statement of Witness & Cross Examination not Valid

April 7, 2021 1920 Views 0 comment Print

ACIT Vs Jain Jewellery (ITAT Delhi) In the case of Jain Jewellery vs. ACIT,  ITA No. 4571/DEL/2017 (AY 2012-13) additions were made on the basis of statements of third parties regarding bogus purchases. Total amount of purchases was Rs. 20495150/-. Additions restricted to 25%  by CIT(A).  On appeal before ITAT entire additions were deleted due […]

Section 263 Jurisdiction not invocable when Re-Assessment was Illegal

April 6, 2021 1368 Views 0 comment Print

SBS Realtors Private Limited Vs ITO (ITAT Delhi) Learned Counsel for the Assessee submitted that since the re-assessment order is illegal and bad in Law and is covered by the Order of the Tribunal Dated 01.04.2019 in the case of assessee on the same issue, therefore, the Learned Pr. CIT cannot exercise jurisdiction under section […]

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