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ITAT Delhi

ITAT directs CIT (A) to condone delay in e-filing of Appeal due to technical issues

November 24, 2018 2049 Views 0 comment Print

Shri Gurinder Singh Dhillon Vs ITO (ITAT Delhi) Assessee filed the appeal before the ld. CIT (A) manually within time as per the old provisions. Later on, the manner of furnishing the appeal in Form No.35 before the ld. CIT (A) was amended vide Notification No. 5/2016 dated 06.04.2016 and the procedure was laid down. […]

Assumption of jurisdiction U/s. 153A invalid if No incriminating material found

November 15, 2018 2055 Views 0 comment Print

Since no assessment was pending on the date of search and addition had been made on basis of post-search enquiries and statements recorded under section 132(4) on various persons, therefore, AO had no power to assume jurisdiction under provisions of section 153A as no incriminating material was found.

No adverse inference can be drawn on Failure to offer cross-examination of persons whose statements are relied

November 15, 2018 2337 Views 0 comment Print

Failure by the AO to offer cross-examination of the persons whose statements are relied upon means that no adverse inference can be drawn against the assessee.

Purchase & Sale of Group Company share cannot be treated Bogus if same was done to book loss and off-set capital gains

November 12, 2018 2076 Views 0 comment Print

ACIT Vs M/s. R J Corp. Ltd. (ITAT Delhi) The A. O. has made a observation that the short term capital loss has been incurred on share of group companies and such shares have also been sold to group companies in such a manner that the entire shareholding of the investee company remains with the […]

Section 12AA registration cannot be denied by giving vague reasons

November 11, 2018 2949 Views 0 comment Print

Rastriya Saksharta Mission Innovative Technologies Education, Khesra Vs. CIT (ITAT Delhi) Section 12AA of the I.T. Act provides that ‘Pr.CIT or CIT on receipt of an application for registration of a trust or institution under section 12A, shall after satisfying himself about the objects of the trust or institution and the genuineness of its activities, […]

No penalty for delay in TDS return filing due to reasonable cause

November 11, 2018 3066 Views 0 comment Print

M/s. Haryana Distillery Limited Vs JCIT (ITAT Delhi) Section 272A(2)(k) of the I.T. Act provides penalty for failure to deliver or cause to deliver a copy of the statement within the time specified in sub-section (3) of Section 200 or the proviso to sub-section 3 of Section 206(c) of the I.T. Act. Section 273B of […]

Corpus fund cannot be taxed even if registration u/s 12AA has not been granted

November 10, 2018 7695 Views 0 comment Print

Civil Services Institute Vs DCIT (ITAT Delhi) It is observed from communication between assessee and Government of Uttarakhand Department of Culture, Tourism and Games, Dehradun, dated 01/12/14, that funds were released, as ‘corpus fund’ for operation of Civil Services Institute construction at Dehradun. It is also observed that only reason for disallowance of claim of […]

Personal use of expense incurred cannot be attributed without Sufficient Proof

November 8, 2018 5748 Views 0 comment Print

Galgotia Publication (P) Ltd. Vs ACIT (ITAT Delhi) The present assessee before us is a company and is an entity recognised by law, as a legal person, that exist in eyes of law independently with rights and liabilities. Thus no element of personal expenses by the Directors/Office bearers can be attributed, without, there being sufficient […]

Mere Sharp share price movement not enough to infer that assessee manipulated share price

November 5, 2018 1005 Views 0 comment Print

Arun Kumar Vs ACIT (ITAT Delhi) The ld AO has not brought any evidence on record to show that these agencies have alleged any stock manipulation against the assessee and or the brokers and or the Company. In absence of any evidences it cannot be said that merely because the stock price moved sharply, the […]

S. 153C List of shareholders maintained by company cannot be said to be belonging to such shareholders

November 5, 2018 984 Views 0 comment Print

DCIT Vs Esteem Textiles P. Ltd. (ITAT Delhi)  Evidently, AO on the basis of a letter written by the company, which was returned by the assessee by putting its signature and seal in confirmation of the accounts, had framed the assessment under section 153C. However, the said document could not be said to belong to […]

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