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ITAT Delhi

AO cannot take the position of business man to ascertain GP ratio

June 16, 2023 2397 Views 0 comment Print

ITAT upheld the decision of the Commissioner, who had correctly deleted the addition made by the Assessing Officer. The Assessing Officer had added the differential margin to the assessee’s income based solely on a comparison between industry gross margin and the assessee’s gross margin, without conducting a thorough analysis of the assessee’s business strategy.

Registration u/s 12AA granted to trust created for managing statutory obligation of employees of parent trust

June 16, 2023 639 Views 0 comment Print

ITAT Delhi held that registration u/s 12AA to trust created for managing the statutory obligations of employees of the parent trust is granted as the same falls within the ambit of advancement of general public utility and, hence, to be considered as a charitable activity as defined u/s 2(15) of the Act.

Penalty u/s 271B unsustainable on local authority not engaged in business or earning profit

June 16, 2023 471 Views 0 comment Print

ITAT Delhi held that assessee being a local authority is not engaged in business or earning profit, accordingly, penalty u/s 271B for not getting accounts audited unsustainable.

ITAT Delhi Upholds Education Cess Non-deductible Under Sections 37 & 40(a)(ii)

June 16, 2023 411 Views 0 comment Print

ITAT Delhi ruling in Maral Overseas Ltd Vs DCIT, asserting that Education cess is non-deductible as an expenditure under Sections 37 and 40(a)(ii) of Income Tax Act.

Employees’s share in relevant funds should be deposited before due date for claiming deduction u/s 36(1)(va)

June 15, 2023 519 Views 0 comment Print

ITAT Delhi held that the deduction u/s 36(1)(va) of the Income Tax Act can be allowed only if the employees’ share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts.

ITAT Delhi Directs AO to Re-adjudicate: Dispute over Loan Amount Addition

June 15, 2023 393 Views 0 comment Print

ITAT Delhi has ordered a fresh adjudication in the case of TSP Engineers Pvt. Ltd. Vs ITO, challenging the addition of a loan amount to the outstanding balance without proper evidence and documentation.

Penalty u/s 271B unsustainable as reasonable cause shown

June 14, 2023 2016 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271B of the Income Tax Act unsustainable as reasonable cause shown for non-submission of audit report.

Section 69 addition unjustified on Late Demonetisation Cash Deposit

June 14, 2023 498 Views 0 comment Print

The Income Tax Appellate Tribunal, Delhi, in the case of Raj Kumar Vs ACIT, held that a S. 69 addition is not sustainable based on a mere delay in deposit during the demonetisation period.

Penalty u/s 271B not leviable on local authority as it cannot be considered to be engaged in business

June 14, 2023 285 Views 0 comment Print

ITAT Delhi held that penalty under section 271B of the Income Tax Act not leviable as assessee is a local authority and it cannot be considered to be one engaged in ‘business’ or to be earning profit.

ITAT Delhi dismisses Claim for delayed deposit of Employees’ Contribution to PF & ESI

June 14, 2023 537 Views 0 comment Print

ITAT Delhi dismisses Drishti Apparels’ appeal against disallowance of PF and ESI deduction due to delayed deposit, aligning with Supreme Court decision.

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