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ITAT Delhi

Addition based on Dumb Documents without corroborative evidence is Unsustainable

July 29, 2023 4032 Views 0 comment Print

ITAT Delhi held that presumption u/s. 132(4A) of the Income Tax Act is only against the person in whose possession the search material is found and not against any other person. Addition based on dumb documents without corroborative evidence is unsustainable in law.

Receipt of architectural design services cannot taxed as FTS or Royalty

July 29, 2023 2187 Views 0 comment Print

ITAT Delhi held that the payments received by the assessee in view of architectural design services rendered to its clients in India are not chargeable to tax as FTS in terms of Article 12(4) of the India-Singapore DTAA.

Mechanical & ritualistic approval: Reassessment for Accommodation Entry quashed

July 28, 2023 867 Views 0 comment Print

ITAT Delhi quashes reassessment proceedings for AY 2009-10 in the case of Agroha Fincap Ltd. The approval u/s 151 of the Income Tax Act was found to be defective and without due application of mind.

ITAT deletes disallowances for Expense Claims Backed by Documentary Evidence

July 28, 2023 684 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Delhi partially allows the appeal filed by Kartikeya Enterprises for AY 2015-16, deleting certain disallowances and confirming others based on corroborative documentary evidence.

Delhi ITAT: Only Profit Element from Bogus Purchases can be Added

July 28, 2023 999 Views 0 comment Print

The Delhi ITAT upheld that only the profit element embedded in bogus purchases can be added to the income of the taxpayer. The case involved Diamond Tradex Co. Ltd. and ACIT for A.Y. 2010-11.

No Addition for Cash Deposits by second account holder in Joint bank account

July 28, 2023 2205 Views 0 comment Print

In the case of Devender vs. ITO, the ITAT Delhi ruled in favor of the farmer assessee, stating that no addition shall be made for cash deposited in a joint bank account by the second account holder.

ITAT Quashes Reassessment Order for Failure to Issue Notice u/s 143(2)

July 28, 2023 2613 Views 0 comment Print

In the case of Classic Display Systems Pvt Ltd vs. ITO, the ITAT Delhi quashed the reassessment order as the AO failed to issue notice u/s 143(2) before finalizing the reassessment.

ITAT Quashes Penalty u/s 271F for Non-filing of ITR against 82-Year-Old Widow

July 28, 2023 5043 Views 0 comment Print

The ITAT Delhi quashes the penalty imposed under Section 271F against an 82-year-old widow for non-filing of Income Tax Return (ITR) as she had no taxable income.

Addition solely based on mismatch between receipts in P&L and in 26AS unsustainable

July 27, 2023 2514 Views 0 comment Print

ITAT Delhi held that addition merely on the sole basis that there was mismatch between TDS certificate/26AS and the turnover/receipts shown by the assessee in its P&L account unsustainable as difference successfully established.

Disallowance towards investment made out of interest free own funds unjustified

July 27, 2023 567 Views 0 comment Print

ITAT Delhi held that disallowance u/s 37(1) of the Income Tax Act towards investment made out of interest free own funds available with the assessee is unjustifiable and hence deleted.

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