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ITAT Delhi

Penalty cannot be levied merely for addition due to adjustment by TPO in Valuation

March 5, 2021 2892 Views 0 comment Print

ACIT Vs IKEA Trading (India) Pvt. Ltd. (ITAT Delhi) We find that the assessee has sold assets at the WDV of the assets as per company law whereas the TPO held that the assessee ought to have sold the assets at the value of the WDV of the block of assets as per the Income […]

No Section 2(22)(e) addition if money lending was part of business

March 4, 2021 849 Views 0 comment Print

M.L. Singhi & Associates (P) Ltd. Vs DCIT (ITAT Delhi) No addition could be made against the assessee if no incriminating material was found during the course of search It is not in dispute that whatever queries were raised by the A.O. time to time, have been replied by assessee along with documentary evidences. All […]

Addition for unexplained cash deposit by CIT(A) justified -ITAT Delhi

March 4, 2021 4125 Views 0 comment Print

Shri Praveen Garg Vs ITO  (ITAT Delhi) There is no dispute with regard to the legal proposition that the First Appellate Authority cannot consider new source of income. However, in the present case the A.O. reopened the assessment because it was found that there were cash deposits in several Bank accounts of the assessee which […]

Amendment restricting Section 54 deduction to only one residential house is prospective

March 3, 2021 7017 Views 0 comment Print

Sanjiv Ahuja Vs ITO (International Taxation) (ITAT Delhi)  Deduction u/s 54 is restricted to only one residential house by the Finance Act 2014 is prospective in nature and is effective from assessment year 2015-16 and not retrospective in nature and that deduction u/s 54 of the Act in respect of investment made in one residential […]

No Section 68 addition merely for Common Address & Directors

March 2, 2021 2559 Views 0 comment Print

The A.O. entirely on different reasons that there is a common Director in 03 companies and common address disbelieved the explanation of assessee. It may not be relevant criteria to decide the issue under section 68 of the I.T. Act, 1961.

No Section 271C Penalty for Non Deduction of TDS If There was Bona Fide & Reasonable Cause

March 2, 2021 2439 Views 0 comment Print

Ghaziabad Development Authority Vs  ACIT  (ITAT Delhi) We find that on the issue of reasonable cause u/s.273B, assessee does has a prima facie case, because as per the CBDT Circular No. 275 dated 21.09.1994, it has been clarified that responsibility for making deduction tax at source u/s. 194A should be that of Collector (Land Acquisition) […]

CSR expenses by Govt Companies under Govt directions allowable

March 2, 2021 864 Views 0 comment Print

RITES Limited Vs Addl. CIT (ITAT Delhi) Perusal of the assessment orders goes to prove that AO has mechanically disallowed the claim of expenditure made by the assessee company towards Corporate Social Responsibility (CSR) and sustainable development without analyzing the fact that assessee company being a Government undertaking is required to incur such expenses as […]

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

March 1, 2021 1407 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 5187 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 2505 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 […]

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