Follow Us:

ITAT Delhi

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

July 1, 2015 6215 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 723 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 2107 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 5002 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 2147 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 562 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 3687 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

CIT Cannot Deny Registration of Trust U/S 12AA without Examining Activities & Objects of Trust

June 29, 2015 1267 Views 0 comment Print

According to the provisions of section 12AA of the I.T. Act, the Commissioner, on the receipt of Application for registration of a trust or institution shall (a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust

271(1)(c) : Penalty cannot be imposed merely because assessee didn’t objected to addition

June 27, 2015 1568 Views 0 comment Print

However, it is a well-settled proposition that the quantum of penalty proceedings are separate proceedings and penalty cannot be imposed merely on the ground that the assessee did not challenge or agitate the issue before higher forum and accepted the disallowance made by the AO.

Pre-liquidation period assessment cannot be completed ex-parte during liquidation period

June 27, 2015 1117 Views 0 comment Print

Whether assessment related to pre-liquidation period cannot be done ex-parte during the period of liquidation without giving reasonable opportunity of being heard to ex-management?

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