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ITAT Delhi

Penalty not justified, if both assessment order & SCN failed to state specific charge

March 25, 2019 3138 Views 0 comment Print

Sanraj Engineering (P) Ltd. Vs ITO (ITAT Delhi) Levy of penalty under section 271(1)(c) was not justified, where both the assessment order and show cause notice failed to state the specific charge of concealment and/or furnishing of inaccurate particulars of income by assessee. FULL TEXT OF THE ITAT JUDGMENT Aggrieved by the order dated 29.09.20 […]

Completed Assessment cannot be opened if Incriminating Material not found during search

March 25, 2019 975 Views 0 comment Print

Where Any Incriminating Material Was Not Found During The Course Of Search, The Completed Assessments Could Not Be Opened: Varun Beverages Appeal

Deduction U/s. 80-IC on substantial expansion and initial assessment year

March 24, 2019 2613 Views 0 comment Print

DCIT Vs M/S Shyam Sunder Khemka (ITAT Delhi) Assessee being a manufacturer substantial expansion was carried out in asst. yr. 2008-09 hence, initial assessment year would be refixed 2008-09 and assessee would be eligible to claim 100% deduction for next five assessment years and thereafter 25% for next 5 assessment years subject to restriction imposed […]

Exemption U/s. 11 cannot be denied merely for Running of bus by School to facilitate transportation of students & staff

March 24, 2019 2376 Views 0 comment Print

Where assessee-school had provided transport facility by charging separate fee, the transportation activity being incidental to achieve the main object of the assessee-trust, i.e., providing education could not be considered as business activity, so as to deny exemption under section 11 because the transport facility was not provided to outsiders and was confined only to the students and staff of the assessee.

Assessment against a non-existent entity is nullity in the eyes of law

March 23, 2019 2076 Views 0 comment Print

Framing of an assessment against a non-existent amalgamating entity was not procedural irregularity but a jurisdictional defect not covered under section 292B, therefore, assessment made by AO was nullity in the eyes of law and the same was liable to be quashed.

Huge Investment with no Income Source: ITAT upheld Addition

March 23, 2019 1281 Views 0 comment Print

In present case there are evidences and material to show that the shareholder company was only a paper company having no source of income, but had made substantial and huge investment in the form of share application money.

S. 271(1)(c) Penalty notice is defective if not specifies a particular charge

March 22, 2019 2154 Views 0 comment Print

RBM Pati Joint Venture Vs DDIT (ITAT Delhi) An insight over the penalty order, we find that the penalty was initiated on account of loss claimed by the appellant on sale of assets, even though, that particular block of assets had not been exhausted. We do not find any justification to discard the findings reached […]

Section 54F exemption cannot be denied for mere non-completion of construction by builder

March 21, 2019 3279 Views 0 comment Print

Sanjeev Sarin Vs ITO (ITAT Delhi) In this case assessee has within stipulated period, made substantial investment towards purchase of new property and just because builder could not complete construction of residential house, claim of exemption under section  54F of Income Tax Act, 1961 cannot be denied. FULL TEXT OF THE ITAT JUDGMENT This appeal […]

TDS Not deductible on Passenger Service Fees Collected by Airlines

March 20, 2019 9693 Views 0 comment Print

SF cannot be considered to be a payment made by the assessee airline. PSF is a payment made by the passenger which is only routed through the assessee airline. It is undisputed that the amount handed over by the assessee airline to the Airport Operators has also not been claimed as expenditure by the asssesee in its books of account.

No addition U/s 68 in absence of incriminating material during search

March 20, 2019 954 Views 0 comment Print

No addition could have been made u/s 68 of the Act in view of the fact that no incriminating material was found during the course of search to which this impugned addition could be related.

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