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ITAT Delhi

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

April 12, 2021 6528 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 2295 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 7365 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 5334 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 1587 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 1971 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 1398 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 […]

LTCG cannot be treated as Unexplained Cash Credits merely for astronomical increase in price of shares

April 6, 2021 1701 Views 0 comment Print

Sh. Mukesh Mittal Vs ITO (ITAT Delhi) The assessment order clearly shows that the AO has merely reproduced the modus operandi of the entry providers who booked bogus long term capital gains through penny stock companies. The show cause notice dated 2.12.2016 issued by the AO during the assessment proceedings and the findings of the […]

Section 271(1)(c) Penalty imposed without specifying the limb is invalid

April 6, 2021 9510 Views 0 comment Print

Glory Lifesciences Pvt. Ltd. Vs ACIT (ITAT Delhi) It is an admitted fact that before levy of the penalty A.O. has issued show cause notice Dated 20.06.2014 in all the years in which A.O. has mentioned both the limbs of Section 271(1)(c) of the I.T. Act that assessee have concealed the particulars of your income […]

Section 153C Assessment invalid if Satisfaction not recorded & If section 153C notice not issued

April 6, 2021 3804 Views 0 comment Print

No satisfaction note have been recorded under section 153C of the I.T. Act. The A.O. passed the assessment order for the assessment year under appeal i.e., 2013-2014 under section 143(3) considering the preceding A.Y. 2012-2013 to the year of the search.

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