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ITAT Delhi

CIT(A) should admit Additional evidence which are relevant and goes to root of matter: ITAT Delhi

July 5, 2018 8031 Views 0 comment Print

Briefly the facts of the case are that no PAN and ITR has been filed in this case. The case was selected for scrutiny on the basis of AIR Information regarding cash deposits in S.B. account by assessee without quoting PAN numbers in the A.Y. under appeal.

If section 147 proceedings initiated after Income deceleration by Assessee than conclusion of non- voluntary return is untenable

July 4, 2018 1005 Views 0 comment Print

Ravina & Associates Pvt. Ltd. Vs Addl. (ITAT Delhi) 1. The undisputed facts are that in the original return of income filed by the assessee for the instant years, the income representing the deposits in the bank account with Natwest Bank, London was not declared by the assessee. It is also undisputed that the said […]

Registration U/s. 12AA cannot be Rejected on the ground that trust formed to carry out CSR activities

July 3, 2018 2313 Views 0 comment Print

These appeals are filed by the assessee against the orders dated 27/9/20 16 u/s 12AA of the Income Tax Act, 1961 & order dated 28/9/20 16 u/s 80 G(5) (vi) of the Income Tax Act, 1961 passed by the Commissioner of Income Tax (Exemptions), Chandigarh.

Mere fact that addition has been made or confirmed does not per se lead to imposition of penalty

July 3, 2018 1314 Views 0 comment Print

A issue being a debatable issue at the point of time when the assessee filed its return of income penalty levied under section 271(1)(c) on that count cannot be sustained, mere fact that the addition has been made or confirmed does not per se lead to imposition of penalty

Consistent method of accounting cannot be disturbed for petty additions

July 3, 2018 3180 Views 0 comment Print

If a particular accounting system has been followed and accepted and there is no acceptable reason to differ with it, the doctrine of consistency would come into play; the method of accounting cannot be rejected.

Identity of Company can’t be suspected merely because Director was not traceable

July 2, 2018 1569 Views 0 comment Print

M/s. Prayag Polytech Pvt. Ltd Vs ACIT (ITAT Delhi) We find that evidences which have been furnished by the assessee have not been discussed; and if the Director has not been found then it cannot be said that identity of the company is not established especially in wake of income tax records and share allotment […]

Deduction U/s. 10AA cannot be denied in in 3rd year by examining factors which were required to be seen in first year

July 1, 2018 2040 Views 0 comment Print

Macquarie Global Services Vs DCIT (ITAT Delhi) Once the claim of deduction u/s 10AA has been accepted in the first year of the operations and also in the second year, then in the third year same cannot be withdrawn by examining the factors which were required to be seen in the first year of the […]

Penalty U/s. 271B not leviable if Assessee had Bona fide belief that accounts not liable for audit U/s. 44AB

July 1, 2018 4464 Views 0 comment Print

United Education Society Vs JCIT (ITAT Delhi)  Undisputedly, the assessee society is registered under section 12A of the Act as a charitable trust engaged in charitable activities for imparting education through its colleges. It is also not in dispute that the assessee society has been claiming exemption under section 11 of the Act on the […]

Restrictive provision of section 80 does not apply to 153A return

July 1, 2018 2520 Views 0 comment Print

ACIT Vs M/s. Splendor Landbase Limited (ITAT Delhi) It is seen that section 153A starts with Non obstante clause which inter alia overrides the provisions of section 139. This shows that return filed under section 153A is a separate return. Ld. AR relied upon the judgment of Jurisdictional High Court of Delhi in the case […]

UPS is Integral part of Computer and eligible for 60% Depreciation

June 30, 2018 17181 Views 0 comment Print

The aforesaid appeal has been filed by the Revenue against the impugned order dated 12.09.2014, passed by the Ld. CIT(Appeals)-XX, New Delhi for the quantum of assessment passed u/s.144C(3) for the Assessment Year 2007-08. In the grounds of appeal, following grounds have been raised.

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