Follow Us:

ITAT Delhi

Addition U/s. 68 cannot be made for mere no reply of notice U/s. 133(6) by creditors

April 4, 2018 17025 Views 0 comment Print

Assessee cannot be penalized merely on the ground that the six companies as discussed above failed to reply to the notices issued to them under section 133(6) of the Act.

No addition based on Seized Document if same do not contain Name or Signature of Assessee

April 4, 2018 3639 Views 0 comment Print

Shri Neeraj Goel Vs. ACIT (ITAT Delhi) Addition on account of alleged interest income is not sustainable in the eyes of law, because the document does not mention the name of the assessee, does not bear the signature of the assesee, not in the handwriting of the assessee, documents has imply jottings of certain figures […]

Merely because tax has been deducted at source on unreported income, it cannot be said that there was no escapement of income

April 3, 2018 2070 Views 0 comment Print

It cannot be said that there was no escapement of income merely because tax was deducted at source on such income. When it is open under Explanation 3 to section 147 of the Act for the AO to reassess the income on any issue which newly comes to his notice subsequent to the issuance of notice under section 148 of the Act, it cannot be said that mere wrong mentioning of the provision of law relating to the other issues in the reasons recorded would vitiate the proceedings.

Disputed Commission cannot be taxed unless received

March 12, 2018 10725 Views 1 comment Print

DCIT Vs. S.V.S Prop mart Pvt. Ltd. (ITAT Delhi) Assessing Officer has mentioned in the Assessment order about the submissions made by the assessee that the commission was not received by the assessee company on account of dispute with the said party. Since the commission income has not been settled and crystallized, the same has […]

No Deemed Dividend U/s. 2(22)(e) If Assessee is not a Shareholder in Payer Company

March 12, 2018 2550 Views 0 comment Print

Mr. Tushar Kothari Vs. DCIT (ITAT Delhi) The intention behind enacting provisions of Section 2(22)(e) is that closely held companies (i.e. companies in which public are not substantially interested), which are controlled by a group of members, even though the company has accumulated profits would not distribute such profit as dividend because if so distributed […]

Section 54/ 54F Flat booked with builder can be considered as construction of flat

March 12, 2018 29484 Views 6 comments Print

ACIT Vs. Sh. Vineet Kumar Kapila (ITAT Delhi) ITAT held that booking of flat with the builder has to be treated as construction of flat by the assessee and hence period of three years would apply for construction of new house from the date of transfer of long term capital asset. Therefore, the Ld. CIT(A) has […]

No addition in case of unabated assessment which had attained finality on search date if no incriminating material found during search

March 11, 2018 1824 Views 0 comment Print

Understand the scope of Section 153A in the case of Anurag Dalmia Vs DCIT. Analysis of unabated assessments, incriminating material, and additions made post-search.

Sec 54F not prescribe any condition as to date of commencement of construction of new house property

March 8, 2018 12828 Views 0 comment Print

Section 54F do not prescribe any condition as to the date of commencement of construction of new house property, meaning thereby that the construction of house property may be commenced even before the date of transfer of original asset.

In absence of search Penalty u/s 271AAA cannot be levied

March 8, 2018 1170 Views 0 comment Print

A perusal of the assessment order shows that the assessee has surrendered the income, explained the manner in which it was earned and has paid the taxes due thereon. Therefore, the assessee has fulfilled all the conditions laid down in Section 271AAA for non-levy of penalty under the said provisions. Even otherwise also, it is an admitted fact that no search has taken place in the premises of the assessee and, therefore, provisions of Section 271AAA are not at all applicable.

Late fees U/s. 234E cannot be levied for the period prior to 01/06/2015

March 5, 2018 25335 Views 0 comment Print

Dharam Deep Public School Vs. Dy. CIT (ITAT Delhi) Section 200A of the Act deals with processing of statement of tax deducted at source, whereas, section 234E of the Act deals with fee for default in furnishing statements.Iit was held that ‘intimation raising demand prior to 01/06/2015, u/s 200A of the Act, levying fee u/s […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031