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ITAT Delhi

Section 271(1)(c) penalty not automatic on mere expense Disallowance or Income Enhancement 

May 6, 2024 1305 Views 0 comment Print

Tribunal ruled that mere disallowance of expenses or enhancement of returned income does not automatically warrant the imposition of penalties under Section 271(1)(c)

Section 54 does not mandate utilization of sale consideration from original asset

May 6, 2024 1509 Views 0 comment Print

Section 54F nowhere envisages that sale consideration obtained by assessee from original capital asset is mandatorily required to be utilized for purposes of meeting cost of new asset. Section 54 Exemption allowable despite start of construction of new house before sale of old house

Section 132(1) search authorization Warrant was qua ‘premises’ & not qua ‘assessee’

May 5, 2024 1677 Views 0 comment Print

Search warrant is issued regarding premises and not necessarily regarding an assessee, and a common search warrant and panchnama issued against multiple assesses operating from the same premises are justifiable.

ITAT Directs TPO/AO to Delete Adjustment on Export Commission Payment ALP

May 5, 2024 303 Views 0 comment Print

In the case of Honda Motorcycle & Scooter India Pvt Ltd vs. ACIT, ITAT Delhi directed the Transfer Pricing Officer (TPO) and Assessing Officer (AO) to delete the adjustment made on account of the arm’s length price (ALP) of export commission payment.

Section 80IAB Deduction Admissible on Enhanced Profits from Disallowance

May 3, 2024 948 Views 0 comment Print

Understand the significance of deductions under Chapter-VIA of the Income Tax Act in the case of Jubilant Infrastructure Ltd. Vs ACIT (ITAT Delhi).

Employer’s Voluntary Ex-gratia Compensation not taxable U/s. 17(3)(i): ITAT Delhi

May 3, 2024 6180 Views 0 comment Print

ITO Vs Avirook Sen (ITAT Delhi) The case of ITO Vs Avirook Sen (ITAT Delhi) revolves around the taxation of voluntary ex-gratia compensation paid by an employer to an employee after termination from service. The Revenue contested the deletion of an addition of Rs. 2,13,08,444/- by the CIT(A). The crux of the dispute lies in […]

No section 68 addition for Share Capital Subscription if assessee submits evidence for source of funds

May 2, 2024 1002 Views 0 comment Print

In DCIT vs. CDS Infra Projects Limited, ITAT Delhi ruled no addition under section 68 of Income Tax Act if proper evidence for source of share capital subscription is submitted.

No Section 54 Deduction Without basic Amenities: ITAT Delhi

May 2, 2024 2910 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in DCIT vs. Sandeep Hooda clarifies conditions for Income Tax Act 1961 Section 54 deduction eligibility in absence of basic amenities.

ITAT Restores Case: Assessee Denied Opportunity to Cross-Examine Witnesses

April 28, 2024 960 Views 0 comment Print

In ITO Vs Saivi Finance Pvt Ltd, ITAT Delhi restores the matter back to AO due to denial of natural justice, assessees not given chance to cross-examine persons whose statements were used against them.

Assessment order invalid if not dispatched to assessee within limitation period

April 26, 2024 8166 Views 0 comment Print

Detailed analysis of ITAT Delhi order in Instrumentation Laboratory India Pvt. Ltd. vs. DCIT, addressing assessment order dispatch after the limitation period, leading to partial allowance of appeal.

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