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ITAT Delhi

Without Demonstrating any Concealment in Seized Material No Penalty Can Be Levied By AO

March 1, 2021 1350 Views 0 comment Print

Rishabh Buildwell P. Ltd. Vs DCIT (ITAT Delhi) Once the assessee files a revised return under Section 1 53A, for all other provisions of the Act, the revised return will be treated as the original return filed under Section 139. For the Revenue to invoke Explanation-5, it would have to prove that its requirements are […]

Section 153C Assessment invalid if satisfaction note was not recorded

March 1, 2021 5166 Views 0 comment Print

Sanjay Thakur Vs DCIT (ITAT Delhi) It is not in dispute that a search was conducted in the bank premises of HDFC Bank, Ambedkar Road, Ghaziabad, in the case of Bank A/c No.xxx2277 of M/s. A.K Traders. No incriminating material was found during the course of search against the assessee. The satisfaction note have been […]

Enquiry only on limited issues when case selected for limited scrutiny without approval of PCIT

February 28, 2021 2454 Views 0 comment Print

CBS International Projects P. Ltd. Vs ACIT (ITAT Delhi) Assessing Officer can widen the scope of scrutiny even if it is selected for scrutiny assessment under CASS. However, the condition precedent for such action of the Assessing Officer is that he has to seek prior approval of the higher authorities. A perusal of the assessment […]

Depreciation Allowable on owned Assets rented for manufacturing

February 26, 2021 930 Views 0 comment Print

The assessee was entitled to depreciation on owned assets which were rented out to a third party for manufacturing purposes applying assessee’s own case of earlier year.

Provision for actual delays & defaults is ‘ascertained liability’ & allowable

February 24, 2021 1692 Views 0 comment Print

Huawei Telecommunications (India) Pvt. Ltd.Vs. DCIT (ITAT Delhi)  The taxpayer challenged disallowance/confirmation of Rs.1,010,856,249/- & Rs.128,611,894/- for Assessment Years 2012-13 & 2013-14 respectively on account of provision for customer claim on the ground that the amount provided by the taxpayer pertaining to actual delays/defaults occurred as per the terms of the contract entered between the […]

ITAT allows expense on ‘Assistance To Law Students’ to Harish Salve

February 24, 2021 1608 Views 0 comment Print

During the course of assessments the Assessing Officer found that the assessee claimed expenseunder the head ‘Assistance to Law Students’, and when asked, submitted that the assistance paid to law students Diksha Sharma and Krishna Prasad K. V. at Oxford is the justification for such claim.

ITAT directs CBDT to take steps to avoid unnecessary litigation

February 24, 2021 1605 Views 0 comment Print

It is necessary to bring on record, to be taken care of by the CBDT, that present appeal has been filed just to generate unnecessary litigation without examining well-reasoned findings returned by the ld. CIT (A) which can be curtailed if proper scrutiny/vetting by the senior officers, who are at the helms of the affairs, is made before approving any case for filing appeal before a higher forum.

No Reopening On Borrowed Satisfaction Without Bringing Tangible Material on Record

February 23, 2021 2352 Views 0 comment Print

Luxe Trading And Holding (India) Pvt. Ltd. Vs ITO (ITAT Delhi) From a perusal of the reasons, it is seen that the notice u/s. 148 of the Act has been issued mechanically without application of mind and the satisfaction by the Assessing Officer is only the borrowed satisfaction of the Investigation Wing. The Assessing Officer, […]

TDS not deductible on EDC charges- section 271C Penalty not leviable

February 20, 2021 6705 Views 0 comment Print

M/s Perfect Constech Pvt. Ltd. Vs ACIT (ITAT Delhi) Penalty not leviable for non deduction of TDS under section 271C for EDC charges paid to HUDA as it is non statutory contractual liability It is seen that in Para 4.3.2, subparagraph (iv) of the order passed u/s 271C of the Act, the AO has himself […]

Section 68 addition cannot be made for duly explained credits

February 20, 2021 9756 Views 0 comment Print

ITO Vs Sh. Sunil Nayyar (ITAT Delhi) In the instant case, the AO has not pointed out any accounting defects in the books of accounts. Rather he is summarily ignored the books of accounts but has proceeded to invoke section 145(3) which is bad in law.” 14. The ld. CIT (A) held that there is […]

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