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ITAT Delhi

Receipts from prospecting for, or extraction, or production of mineral oils taxable u/s 44BB

April 26, 2023 513 Views 0 comment Print

ITAT Delhi held that scope and ambit of section 44BB of the Income tax Act is wide enough to include receipts of assessee from Cairn India and ONGC in connection with activity of prospecting for, or extraction, or production of mineral oils.

TDS on Salary needs to be deducted only at the time of making such payment

April 26, 2023 4476 Views 0 comment Print

No TDS deduction at source on Salary is contemplated under Section 192 in cases where a payment towards salary has accrued but is not made.

Ad-hoc disallowance without pointing out specific defects in documents furnished is unjustified

April 26, 2023 1308 Views 0 comment Print

Without pointing out specific defects in documents furnished, disallowance on ad-hoc basis for failure to furnish all documentary evidence is unacceptable

Same addition cannot be made under Both Income Tax & Black Money Act

April 26, 2023 1095 Views 0 comment Print

ITAT held that once additions been made under Black Money Act the same addition cannot be made under Income Tax Act on the same set of facts

Additional Evidence not considered by CIT(A) – ITAT directs fresh assessment

April 26, 2023 552 Views 0 comment Print

Umano Healthcare Pvt Ltd Vs ACIT (ITAT Delhi) The Ld. AR submitted that the Ld. CIT(A) did not consider the additional evidence filed before him. The Ld. AR also invited our attention to the order sheet entry (page 10-11 of Paper Book) made by the Ld. AO to emphasis that the adequate opportunity to present […]

Interest on delayed payment of TDS not penal in nature & allowable expense

April 26, 2023 1623 Views 0 comment Print

ITAT held that the interest paid on delayed payment of TDS by the assessee u/s 201(1A) r.w.s. 206C(7) of the Act cannot be held as penal in nature and, thus, incurred out of commercial expediency and, therefore, is allowable u/s 37 of the Act.

Section 153C proceeding covers six A.Y. immediately preceding A.Y. in which search is conducted

April 25, 2023 1662 Views 0 comment Print

ITAT Delhi held that as per amendment to section 153C of the Income Tax Act the six assessment years immediately preceding the AY relevant to the previous year in which search is conducted or requisition is made will come into the purview of block assessment years.

Interest on Delayed TDS Payment allowable under section 37(1)

April 25, 2023 1218 Views 0 comment Print

ITAT held that interest paid on late payment of TDS is compensatory in nature and is an allowable deduction under section 37(1) of the Act.

Section 271(1)(c) Penalty not sustainable if notice is vague & ambiguous 

April 25, 2023 1230 Views 0 comment Print

ITAT held that when the notices issued by the AO are bad in law being vague and ambiguous having not specified under which limb of section 271(1)(c) of the Act, the penalty proceedings initiated u/s 271(1)(c) are not sustainable.

Jurisdiction of ITAT Bench shall be determined by location of AO

April 25, 2023 2190 Views 0 comment Print

Jurisdiction of ITAT Bench which can decide appeal is to be determined by location of Assessing Officer. Since, location of AO in instant proceeding is at Mumbai, the appeals, should have been filed before Mumbai Benches and not in Delhi Benches.

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