2023-TIOL-1305-ITAT-DEL

Ratori Maa Trading Vs ITO

Whether enhancement of addition or reduction of refund by CIT(A), cannot be resorted to, where the assessee has not been given an opportunity of hearing before such action - YES: ITAT

- Appeal partly allowed: DELHI ITAT

2023-TIOL-1304-ITAT-DEL

Nipro Glass India Pvt Ltd Vs ACIT

Whether it is fit case for remand where additional evidence is sought to be filed by the assessee & the same remains to be considered by the lower authorities - YES: ITAT

- Appeal partly allowed: DELHI ITAT

2023-TIOL-1303-ITAT-DEL

Jindal ITF Ltd Vs DCIT

Whether penalty under Section 271(1)(c) cannot be imposed in cases involving AYs after AY 2016-17, owing to the fact that Explanation-4 to Section 271(1)(c) is applicable prospectively from Assessment Year 2016-17 and not prior thereto - YES: ITAT

Whether making inadvertently making an erroneous claim while filing ITR, warrants imposition of penalty under Section 271(1)(c), when no rationale is made out for the Assessee to make such claim - NO: ITAT

- Appeal allowed: DELHI ITAT

2023-TIOL-1302-ITAT-MAD

Devraj Computers Pvt Ltd Vs ACIT

Whether any demand on account of capital gains can be raised, when there has been no transfer of immovable property due to absence of conveyance deed - NO: ITAT

- Appeal allowed: CHENNAI ITAT

2023-TIOL-1301-ITAT-MAD

Duraisamy Senthil Kumar Vs ITO

Whether loss incurred by Assessee can be validly treated as under-reporting of income, where Assessee does not claims set off of loss against any other income or against Assessee's income from house property - NO: ITAT

Whether therefore, penalty imposed u/s 270A for under-reporting of income is warranted - NO: ITAT

- Appeal allowed: CHENNAI ITAT