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ITAT Delhi

Denial of pre-operative expenses intricate to nature of business activity is unsustainable

July 8, 2023 333 Views 0 comment Print

ITAT Delhi held that denial of pre-operative expenses like brokerage and commission expenses, business promotion expenses, vehicle running expenses, etc. intricate to the nature of business activity is unsustainable.

Directions issued by superior authorities are binding on Assessing Officer

July 8, 2023 1638 Views 0 comment Print

ITAT Delhi held that directions issued by a superior appellate authorities are binding on the Assessing Officers and Assessing Officer is required to strictly follow the directions of the appellate authorities and decide the issue as per the directions of the appellate authorities.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness of transaction duly proved

July 7, 2023 651 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act unsustainable in as much as identity, creditworthiness of the creditors and genuineness of the transaction duly proved by the assessee.

Re-assessment order passed against a non-existent entity is bad-in-law

July 7, 2023 5658 Views 0 comment Print

ITAT Delhi held that reassessment order u/s 147 of the Income Tax Act against a non-existent entity is bad in law and vitiated & nullity.

Addition in absence of any incriminating material found during search is unsustainable

July 6, 2023 1305 Views 0 comment Print

ITAT Delhi held that addition made by the A.O. in the absence of any incriminating material found during the search operation conducted u/s 132 of the Income Tax Act is liable to be deleted.

Reopening of assessment unjustified as no failure to disclose full and true material facts

July 6, 2023 1137 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 147 of the Income Tax Act unjustified in absence of failure on the part of the assessee to disclose fully and truly all the material facts.

Penalty u/s 271D imposed without any satisfaction is unsustainable

July 6, 2023 2013 Views 0 comment Print

ITAT Delhi held that penalty u/s 271D of the Income Tax Act is without any satisfaction and, therefore, no such penalty can be levied. Accordingly, penalty u/s 271D quashed.

Absence of Email Access is Valid Ground for Condonation of Delay

July 6, 2023 1512 Views 0 comment Print

Explore the significant ruling by ITAT Delhi in the case of Mohammad Saleem Vs ITO, stating that the Assessing Officer cannot perform a second assessment on the same issue within the same assessment year.

Discrediting assessee’s valuation report without substantial reasons and without calling for DVO report is unjustified

July 6, 2023 675 Views 0 comment Print

ITAT Delhi held that failure to call for DVO report and discrediting the valuation report of the assessee without substantial reasons is unsustainable and bad in law.

Order framed in name of non-existing entity is liable to be quashed

July 6, 2023 762 Views 0 comment Print

ITAT Delhi held that assessment order framed in the name of a non-existing entity is non-est and liable to be quashed. Accordingly, initiation of proceedings u/s 263 based on such assessment order is liable to be set aside.

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