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Section 263 Cannot Be Invoked Where Issue Is Debatable and Pending Before CIT(A): ITAT Delhi in IREO Pvt. Ltd. vs CIT (TDS) – TDS on EDC Payment to HUDA (Sections 194I, 194C, 201, 201(1A))
Facts of the CaseThe assessee companies were engaged in the business
of real estate development including residential flats and commercial spaces.During verification of TDS compliance, the
Assessing Officer received in...
Section 263 Cannot Be Invoked When AO’s Order Is Plausible and Issue Is Debatable – ITAT Delhi in IREO Private Limited vs CIT (TDS)
Facts of the
CaseThe assessee companies were engaged in the business
of real estate development including residential flats and commercial spaces.
Information was received by the Income Tax Department indicating that ...
Krishna Fabrics vs ITO (ITAT Delhi): Appeal Cannot Be Dismissed for Non-Prosecution – Matter Restored to AO for Fresh Adjudication
Facts of the
Case The assessee, Krishna Fabrics, filed an appeal before the Income Tax Appellate
Tribunal against the order passed by the CIT(A)/NFAC dated 25.10.2023 for Assessment Year 2017-18.The assessment in ...
ITAT Delhi: Rejection of Trust Registration u/s 12AB for Non-Submission of Documents Set Aside and Matter Remanded to CIT(E) for Fresh Opportunity – Jovit Helpers Foundation vs CIT (Exemptions) (AY 2022-23)
Facts of the CaseThe assessee, Jovit Helpers Foundation, filed an application seeking
registration under Section
12A(1)(ac)(iii) of the Income Tax Act through Form 10AB on 17.09.2023
before the Commissioner of Income ...
ITAT Delhi: Penalty u/s 271(1)(c) Not Leviable for Debatable Claims of ALV, Section 80-IB Deduction, PF/ESI Contribution & Section 14A Disallowance – Ansal Housing Ltd. vs ACIT (AY 2013-14
Facts of the CaseThe assessee, Ansal Housing Limited, filed its return for the Assessment Year
2013-14. During assessment proceedings, the Assessing Officer made additions
relating to four issues including deemed
annu...
ITAT Delhi: Tax on Tax Paid by Employer on Non-Monetary Perquisites Not Taxable u/s 10(10CC) – Revenue Appeal Dismissed in DCIT vs Sheetal Arora
Facts of the
CaseThe present appeal was filed by the Revenue against
the order passed by the Commissioner of Income Tax (Appeals), NFAC, for
Assessment Year 2020-21 in the case of the assessee, Sheetal Arora.During th...
ITAT Delhi: Addition u/s 69A for Cash, Jewellery & Accommodation Entries Not Sustainable When Income Already Offered Before Settlement Commission – ACIT vs Vijay Kumar Sachdeva (2024)
Facts of the CaseA search and seizure operation under Section 132 of the Income Tax Act, 1961
was conducted on 21.08.2017 in
the case of Laxmi Remote Group,
including the assessee Shri Vijay Kumar
Sachdeva, who was a...
ITAT Delhi: Invalid Satisfaction Note & Limitation Bar – Assessment u/s 153C Quashed in Aashrya Developers Pvt. Ltd. vs ACIT
Facts of the
CaseA search and seizure operation under Section 132 of the Income Tax Act, 1961
was conducted on 21.07.2016 at
the premises of persons associated with the M3M Group. During the search, certain documents ...
Reassessment Invalid When Additions Made on Grounds Not Mentioned in Reasons Recorded – ITAT Delhi in Naveen Kumar Singhal vs ITO (AY 2014-15) | Sections 147, 148, 69, 56(2)(vii)(b), 50C
Facts of the CaseThe assessee filed the return of income for AY 2014-15 declaring total income of ₹16,35,980. Subsequently, the
Assessing Officer reopened the assessment by issuing notice dated 30.03.2021 under Sectio...
ITAT Delhi: Additions Beyond Limited Scrutiny Without PCIT Approval Invalid – Notional Interest on CCDs Not Taxable (Sitac Re Pvt. Ltd. vs DCIT)
Facts of the CaseThe assessee company, Sitac Re Pvt. Ltd., was engaged in the business of installation
and sale of windmill projects, consultancy services related to windmill
projects, and investment in other companies...