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ITAT set-aside Section 12A order passed by CIT(E), which was passed without considering objection of Appellant

January 30, 2022 1200 Views 0 comment Print

ICMAI Registered Valuers Organisation Vs CIT (E) (ITAT Delhi) From a bare reading of the impugned order under section 12AA of the Act, it appears that the assessee has failed to respond to the requirements of the CIT(E) to enable him to appreciate the relevant facts for the purposes of registration. However, in the same […]

Activities of ‘Ernet India’ are charitable & eligible for Section 11 exemption

January 30, 2022 939 Views 0 comment Print

DCIT Vs Ernet India (ITAT Delhi) The facts in brief are that assessee is an Autonomous Society under the Department of Information & Technology, Ministry of Communication & Information Technology, Government of India, which was established as a non-profitable organization. It was registered under Section 12A of the Act vide certificate / order dated 26.03.2004. […]

Reimbursement of Expenses cannot be treated as Income despite deduction of TDS

January 30, 2022 34374 Views 0 comment Print

K.C. Marketing Vs ACIT (ITAT Chennai) Assessee has claimed various expenditure from its principal by way of reimbursement. The copies of relevant bills as well as credit notes issued by M/s Satnam Overseas Ltd. in favor of assessee has also been placed on page nos. 38 to 83 of paper-book. The statement of TDS deducted […]

NO Section 154 rectification order can be passed after the expiry of 4 years from the date of order sought to be rectified

January 30, 2022 5010 Views 0 comment Print

P.S. Jagdish Vs DCIT (ITAT Chennai) We noted that the return of income filed by the assessee was processed by CPC, Bengaluru and intimation u/s.143(1) of the Act was issued on 05.03.2012 (which is not disputed by Revenue). Admittedly, the AO passed rectification order on 20.06.2016. The claim of the assessee is that the rectification […]

Amount given for purchasing share holding cannot be treated as Loan for Section 2(22)(e)

January 30, 2022 1254 Views 0 comment Print

ITO Vs GRA Enterprises (ITAT Delhi) Assessing Officer while framing the assessment notice observed that the assessee had received total unsecured laon expenditure of Rs. 22,21,29,723/-, during the year out of which an amount of Rs. 950,000,00/- was received from M/s Telecare Network India (P), a closely held company having its office at Zen House, […]

Section 54F deduction claimable to the extent of capital gain amount utilized till return filing under Section 139(4)

January 30, 2022 5676 Views 0 comment Print

Smt. Chander Kanta Maheshwari Vs ITO (ITAT Delhi) Deduction under section 54F of the Act can be claimed to the extent of amount of capital gain utilized till the filing of the return under Section 139(4) of the Act. As in the instant case, the ld. Commissioner allowed the deduction under Section 54 of the […]

ITAT rejects Fabrics business theory put by a practicing CA to explain Cash Deposits

January 30, 2022 1644 Views 0 comment Print

Ram Avtar Bansal Vs ITO (ITAT Delhi) The assessee was asked to explain the source of cash deposited in the aforementioned bank accounts. In his reply, the assessee accepted that the gross receipts of Rs. 60,02,800/- belong to him and simultaneously submitted a revised return on 18/1/2015. The gross receipts were shown as income from […]

Interest on Idle fund deposited in bank temporarily is taxable as Business Income

January 30, 2022 3672 Views 0 comment Print

Habitate Realtech P. Ltd. Vs DCIT (ITAT Delhi) When it is a fact on record that the business fund lying idle with the assessee was invested in fixed deposit for earning some income which can be utilised in the business at the time of need, it has to be held that the interest income is […]

Transponder Charges cannot be treated as ‘Royalty Income’ despite amendment to section 9(1)(vi)

January 30, 2022 1752 Views 0 comment Print

It is held that transponder charges are not in the nature of ‘Royalty income in the hands of recipients despite amendment to section 9(1)(vi of the Act.

Income of ‘Sabre Asia Pacific’ from computerized Air ticket reservation taxable in India

January 29, 2022 981 Views 0 comment Print

Sabre Asia Pacific Pte Ltd Vs ACIT (ITAT Mumbai) The first issue that needs to be decided is whether the assessee has a permanent establishment in India or not? This is challenged as per ground 2 of the appeal. We find that this issue is squarely covered against the assessee by the decision of the […]

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