Where no mandatory Draft Order is passed, the Faceless Assessment is Quashed- Bombay HiC
The Bombay high Court in its latest judgement in the case of Chander Arjandas Manwani Vs The National Faceless Assessment Centre & ors. (Writ Petition...
Category : Income Tax
Not passing a separate order for disposing off the objections of the assessee is a clear violation of law laid down by the Hon’ble Apex Court in the case of GKN Driveshaft – ITAT Delhi
M/s Admach Auto Limited vs DCIT ITA No. 9543/Del/2019 Pronounced on 18th December, 2020 The hon’ble ITAT Delhi, in a recent judgment, held that “the...
Mentioning of wrong section and wrong facts in the reasons recorded for reopening of the assessment u/s 148 made the reassessment liable to be quashed – ITAT Delhi
Maheshwari Roller Flour Mills Pvt. Ltd. vs. ITO ITA No. 4257/Del/2019 Pronounced on 17.12.2020 In the recent judgment by the Hon’ble ITAT Delhi, it was...
Where a company has been dissolved, such dissolution may be set aside within a period of two years from the date of such dissolution under section 356 of the Companies Act, 2013 – Supreme Court of India
Action ISPAT And Power Pvt. Ltd. vs. Shyam Metalics and Energy Ltd. Civil Appeal No. 4042-4043 of 2020 Pronounced on 15th December, 2020 Thus, in...
For the imposition of penalty u/s 271(1)(c) of the Act either concealment of particulars of income or furnishing inaccurate particulars of such income are since qua non – ITAT Delhi
M/s Aryahi Buildwell Pvt Ltd. vs ACIT ITA No. 139/Del/2017 Pronounced on 16.12.2020 In the recent case, it was observed by the Hon’ble ITAT that...
CIT(A) cannot enhance the assessment on the matter which is not arising out of the assessment proceedings – ITAT Delhi
Saravjit Bhatia vs. ITO ITA No. 7155/Del/2019, Pronounced on 16th December, 2020 In the recent case, the Hon’ble Delhi ITAT has held that “CIT(A) cannot...
Where the Petitioner fails to acknowledge the complete details during the search procedure of “Primary Persons”, the same can be the basis for “reason to suspect” for issuance of new WOA for carrying on the Search on Petitioner – Delhi High Court
Shilpa Chowdhary vs. Principal Director of Income Tax (Investigation) W.P.(C) 5207/2020 & CM Appl 18787/2020 dated 07.12.2020 In short In a recent judgment by the...
the provisions of Sec.2(22)(e) were not applicable since the payment was mere reimbursement of expenditure by M/s PHL – ITAT Mumbai
The provisions of Sec.2(22)(e) were not applicable since the payment was mere reimbursement of expenditure by M/s PHL. However, Ld. CIT(A) proceeded on wrong footing...
Service of notice upon a dead person under section 142(1) would not authorise him to assume jurisdiction to pass assessment order on the Legal Representatives – ITAT Ahemdabad
It is found that before service of notice under section 142(1), assessee had already expired. His legal heirs did not file return for this assessment...
Where the assessee provided all the confirmation of the creditors at the CIT(A) level, the orders of the lower authorities set aside and send back for reconsideration – ITAT Delhi
During the assessment proceedings, the Assessee fails to provide confirmation of 04 creditors and the AO added the whole amount of creditors to its income....
Where assessment is framed without reference to any incriminating document or material found during search, the assessment is academic in nature- ITAT Delhi
Where the CIT(A) decided the appeal that that no assessment could be framed under section 153A because no incriminating document was found during the course...
Appeal withdrawn from ITAT as the same is filed to be settled under Vivad Se Vishwas Scheme- ITAT Delhi
Three appeals is withdrawn from ITAT Delhi as the assessee is availing the Vivad Se Vishwas Scheme, 2020 for the purpose of settlement of issues...
Registration u/s 12AA of the Income Tax Act, 1961
Registration u/s 12AA of the Income Tax Act, 1961 nowhere stipulates that the trust should carry on certain charitable activities. The object of the “proposed”...
Where the assesse has made the FDR out of borrowed funds, the interest on such FDRs cannot be added back by invoking the provisions of section 57(iii) of the Income Tax Act, 1961 – ITAT Delhi
Crux : Where the assesse has made the FDR out of borrowed funds, the interest on such FDRs cannot be added back by invoking the...
Where the additions and disallowances are deleted by the higher authorities, there is no basis for levying penalty u/s 271(1)(c) of the Act – ITAT Delhi
Crux : Where the additions and disallowances are deleted by the higher authorities, there is no basis for levying penalty u/s 271(1)(c) of the...
Where no satisfaction note in the searched persons proceeding recorded separately, the jurisdiction assumed u/s 153C in the case of the assessee is not in accordance with provisions of section 153C – ITAT Delhi
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/12/ITAT-Delhi-1-2.odt” comments=”true” SVG=”true”] To download the complete order, click here ITA No.1720-Del-2015-ACIT vs. Gracious Project Pvt. ltd....
Where the order is passed ex parte making an addition of Rs. 6 Lacs, the case is remanded back to CIT(A) directing it to provide final opportunity of being heard to the assessee
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/12/ITAT-Delhi-1-1.odt” comments=”true” SVG=”true”]...
Where the notice issued u/s 271(1)(c) read with section 274 of the act does not specify whether the penalty is for concealment of income or for furnishing of inaccurate particulars of income, the same is bad in law and no penalty can be levied.
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/12/ITAT-Mumbai_1.odt” comments=”true” SVG=”true”]...
That the return of notices issued under Section 133(6) unserved by the postal authorities is not sufficient to reach to the conclusion that sales to those parties are not genuine where the assesse has provided all the documentary evidence to prove genuineness of the sales. Further, disallowance on the ground of non-genuine sales cannot be a basis for addition u/s 68 of the Income Tax Act, 1961 – ITAT Delhi
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/04/ITAT-Delhi.odt” comments=”true” SVG=”true”] To Download, M/s Singhal Exim Pvt.Ltd., Vs. Income Tax Officer, ITA No.6520/Del/2018...
When an amount is paid as Dharmada along with the sale price of goods, such payment is not made in consideration of the transfer of goods. Such payment is meant for charity and is received and held in trust by the seller – SC
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/04/Supreme-Court-Civil-Appeal-No.-5282-of-2005.odt” comments=”true” SVG=”true”] To Download order, Supreme Court Civil Appeal No. 5282 of 2005...
Having regard to the manner in which the Assessing Officer has issued notice under section 274 r.w.s. 271(1)(c) of the Act without striking off the irrelevant words, the penalty proceedings show a non-application of mind by the Assessing Officer and is, thus, unsustainable.- ITAT Delhi
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/04/ITAT-Delhi-05.04.2019_2019-1.odt” comments=”true” SVG=”true”] To Dowload , Shree Mahadev Cotex Vs ITO. ITA No. 6447/Del/2018...
Even if no activity has been carried out by the assessee-society towards its objects, it would not make the assessee-society disentitle for approval under section 80G of the I.T. Act. – ITAT Delhi
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/04/ITAT-Delhi-04.04.2019-2.odt” comments=”true” SVG=”true”] To Download, Kedar Educational Society. Vs The CIT (Exemption), Chandigarh. ITA No. 7708/Del/2018...
Merely recording of the conclusion and not the reasoning makes the order of the CIT(A) invalid and the same transfered back to CIT(A) for fresh adjudication. – ITAT Delhi
Facts of the case: The Ld. CIT(A) passed the impugned orders ex parte on the ground that the assessee did not show any interest in...
Where the notice issued by the CIT(A) was not served on the assessee and the CIT(A) passed the order ex-parte on the non appearance of the assessee. The same remanded back to the CIT(A) – ITAT Delhi
Facts of the case : Notice of hearing was sent to the assessee on 02.08.2018 by Speed Post. However, the same was returned back with...
That the disallowance u/s 14A read with Rule 8D cannot exceed the actual exempt income received by the assessee during the year. We, therefore, set aside the order of the CIT(A) and direct the Assessing Officer – ITAT Delhi
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/03/ITAT-Delhi-28.03_03-1.odt” comments=”true” SVG=”true”] To Download, Mahagun India pvt. Ltd...