Tag: ITAT Delhi

In a latest judgment, ITAT Delhi has held that post office is not an agent of the assessee. Notice u/s 143(2) dispatched to post office on the last date of limitation period  can not be deemed to be the date of service of notice to the assessee. Case Law Details: …

In a recent judgment, ITAT Delhi following Pepsi Foods (P) Ltd case  has granted stay beyond 365 days in a re-fixed appeal for clarification, holding that the  delay was not attributable to the assessee. Case Law Details: S.A.-211/Del/2016 (In ITA No.-1681/Del/2015) AY: 2010-11 D.E.Shaw India Advisory Services Pvt.Ltd vs. DCIT …

Merely writing yes/approved and affixing signature by CIT is not proper satisfaction for a fit case for re-opening u/s 147 and issue of notice u/s 148 Merely writing “yes” or “approved” and affixing signature by the Commissioner of Income Tax (CIT) was not the required/proper satisfied for a fit case …

In a recent judgment, ITAT Delhi has held that it is not pre-requirement for seeking registration u/s 12A of the Income tax Act, 1961 that the applicant must show and establish having undertaken charitable activities before filing such application for registration u/s 12A. Case Details: ITA No. 3766 …

In a recent judgment, ITAT Delhi has held that land possession given and major sales consideration received through unregistered agreement to sell  amounts to transfer u/s 2(47) of the Income Tax Act, 1961, though it was claimed that possession was taken back for non receipt of balance sales consideration. …

The deduction claimed for a  pay/wage revision is an ascertained liability and cannot be termed as contingent because the wage and probable revision or rates of revision would be within the fair estimation of the employer. Case Law Details: INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI I.T.A …

Issuance of notice under Rule 19 of the ITAT Rules, 1961, itself does not make the appeal admissible. Non-attendance makes the appeal defective. Case Details: INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H” NEW DELHI ITA no. 1231/Del/2014 A.Y. 2008-09 Winspir Communication vs. ACIT Date of Order/Judgment: 15/03/2016 Held: Rule …

In case there is no change in the facts, situation or in law, the Revenue cannot be allowed to adopt a different stand. Rental income is treated as income from house property and not income from profession or profession. Case Details: INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” Asstt. …

Unexplained expendiure addition u/s 69C made for peak negative cash balance without giving benefit of capitalisation of sums disclosed in earlier assessment years deleted INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, NEW DELHI (CIRCUIT BENCH AT MEERUT) ITA No. 6787/DEL/2011 (Asstt. Year: 2011-12) Rajeev Rastogi vs. ACIT Date of …

Deduction u/s 80IC available for manufacturing of PET bottles, Caps, jars etc. which are not plastic articles and do not fall in the negative list  items mentioned in the 13th schedule. INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’: NEW DELHI ITA No. 1309Del/2013 Assessment Year: 2009-10 ITO vs. M/s …