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ITAT DELHI “SMC” BENCH Pronouncement the order on 27.5.2022 in the case of Bharat Bhushan Jain Vs. ITO.
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Q Can credit of TDS be denied on the ground that income corresponding to the TDS claim made by the assessee is not offered in the in the corresponding year rather offered to tax in earlier years? IN THE ITAT, DELHI BENCH in the case of KEMA India (P) Ltd. v. ITO ITA No. 1616/DEL/2020 on dated 31 March, 2022 Answer: The assessee is entitled to get its credit by way of refund, in spite of not offering any income for tax, arising from profit and loss account, in present assessment year.
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Question: Consequences of Penalty-Concealment-Non-striking off of the irrelevant part while issuing notice u/s 271(1)(c). ITAT – Delhi in the case of Malook Nagar, New Delhi vs Acit Central Circle-15, New Delhi on 13 May, 2022
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Section 147,148, 151. Consequences when the Ld. AO failed to provide the complete Annexures which are the basis for reopening ? The ITAT Delhi passed the order on 15 January, 2020 in the case of Behat Holdings Ltd., New Delhi vs Ito Ward-4(3), New Delhi Order in the favour of the assessee. ITA.No.8066/Del./2019.
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Section 69A:क्या होगा जब बुक्स की क्रेडिट एंट्री के बारे में करदाता क्रेडिटवर्थनेस प्रमाणित कर देता है और कर निर्धारण अधिकारी अपनी फाइंडिंग को बिना बताए आय में एडिशन कर देता है? ITAT Delhi ने 10 नवंबर 2020 को VIKASH vs.ITO
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ITAT DELHI Nov 6, 2020 held that Section 68 is applicable only when the explanation offered by him is not in the opinion of the Assessing Officer satisfactory in respect of the sum so credited / loan taken. The explanation offered by the assessee that the bank account and the capacity of the creditor who have given the loan amount was proved through ITR details of the said parties along with bank statements and confirmations which clearly shows the proper balance in their respective bank accounts and their capacity to loan the amount to any other party as well. Sum credited in the bank account of directors immediately before the issue of cheque to the appellant is not a ground to hold that sum received is unaccounted income. BMR PLYMERS (P) LTD. vs. ITO
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Section 147 on 27 April, 2020 Unless the assessing officer assesses the income with reference to which he had formed a reason to believe within the meaning of section 147, it would not be open to him to assess or reassess any other income chargeable to tax which has escaped assessment and which comes to his notice. ITAT, DELHI BENCH in the case of Sheela Foam Ltd. v. DCIT. IT-CASES-217-2020
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Section 132 When no incriminating material is shown by the Ld. AO therefore disallowance made only on ad-hoc basis is not permissible under the Income Tax Act. SHARUK PASSI & ANR. vs.DCIT ITAT Delhi order on Mar 19, 2020. IT-CASES-213-2020
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Section 132,148 Cancelled receipt of Rs. 11 lacs showing total transaction of Rs. 61 lacs signed by Sanjeev on behalf of Romy was found and Romy surrendered Rs. 11 Lacs only. AO has not confronted contents of said receipts from S. Addition made of Rs. 50 Lacs is deleted in the absence of any other corroborative material before AO. ROMI LAL NANDA vs.ITO. ITAT Delhi order date 28.9.2020. IT-CASES-212-2020
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Section 132, 153A Assessment was completed under section 143(1). Completed assessments can be interfered with by A.O. while making assessment under section 153A only on basis of some incriminating material unearthed during course of search or requisition of documents or undisclosed income or property discovered in course of search which were not produced or not already disclosed or made known in course of original assessment. ACIT v. SHRI SURENDRA KUMAR GUPTA 30.9.2020 Delhi ITAT IT-CASES-211-2020