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ITAT Delhi

Adjournment of hearing with pre-information does not allow CIT (A) to dismiss appeal decide the issue exparte

July 2, 2015 6320 Views 0 comment Print

The learned counsel for the assessee contended that the assesseee was given sufficient opportunity to put forward his arguments with necessaryevidences by appearing in person or by an authorized representative.

Appeal filed ignoring monetary limits prescribed U/s. 268A could not be entertained

July 2, 2015 2313 Views 0 comment Print

Assessing Officer passed an order disallowing the deduction u/s 80IC and also rejected the assessee’s business loss set off against business income by concluding that the income credited to job work was an unexplained cash credit against which claim of set off not available.

Deemed dividend can be made applicable only in the hands of registered shareholders

July 1, 2015 612 Views 0 comment Print

From the bare reading of provision of section 2 (22) (e) it can be easily understood that section can be invoked only if assessee to whom any payment was made by way of loan or advance must be beneficial owner of the shares.

Valuation of closing stock of finished goods at realizable value/sale price not amounts to understatement of closing stock

July 1, 2015 6194 Views 0 comment Print

Assessee is a company engaged in the business of manufacturing and sale of cycle chains, wheel and axles. Assessee its return of income for AY 1997-98 was filed disclosing loss of Rs. 27,09,520/- and income of Rs. 1,08,544/- under the provisions of Section 115J.

Appeals should Not Be Filed in Cases Where Tax Effect not Exceeds Monetary Limits

July 1, 2015 696 Views 0 comment Print

The contention of the assessee was that the tax effect in this appeal is less than Rs.4,00,000/-, therefore, the department ought not to have filed this appeal in view of the circular issued by the CBDT and the provisions contained in Section 268A of the Income Tax Act, 1961

Statutory notice issued by an Officer who had no valid jurisdiction for the assessee is invalid

July 1, 2015 2074 Views 0 comment Print

The reassessment proceedings were invalid, inasmuch as, the notice under Section 148 was issued by the Income Tax Officer, Ward -3, Gurgaon, who is not vested with the jurisdiction over the appellant.

Passing of ex-parte without giving hearing to Assessee would constitute violation of natural Justice

June 30, 2015 4966 Views 0 comment Print

When reassessment proceedings were started and ended by passing a reassessment order u/s 147/143(3) of the Act, then original assessment order passed u/s 143(3) of the Act and appeal against that order does not survive for adjudication and the same was correctly dismissed by the CIT(A).

Duty drawback is to be allowed under section 10B

June 30, 2015 2111 Views 0 comment Print

Mohini Originals v. ITO (ITAT Delhi) Facts of the Case The Assessee was an EOU filed its return of income, where AO observed that they have claimed exemption under section 10B which was allowed at the time of Assessment. Deduction on duty drawback was also allowed. However, in the proceedings for the next year A.O. […]

Self serving recitals cannot be accepted as true Unless the assessee proves it

June 30, 2015 520 Views 0 comment Print

In the present case, AO come to know about cash deposit of Rs.13.01 Lac by the assessee through AIR Information. On being called upon to explain the source of such cash deposit, assessee submitted that he has inherited a sum of Rs.13 lac from his mother who has died on 14-08-2006 and produced copy of her income tax return,

Section 2(15) Hostel accommodation provided to various invitees could be considered as commercial activity? 

June 29, 2015 3651 Views 0 comment Print

The predominant activities of the centre was not to earn income but to provide facilities for disseminating or exchanging knowledge as per the object of the society The dominant object of the assessee is definitely for the well being of public at large by organizing various seminars for

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