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ITAT remitted the matter to AO where no verification of documents filed under rule 46A was sought

December 31, 2015 862 Views 0 comment Print

The return of income was filed on 31.10.2005 at an income of Rs. 4,04,020/- for AY 2005-06. During the course of assessment proceedings, the AO took note of the fact that the assessee and his wife purchased property at front and rear side of portion at ground floor for a consideration of 40 Lakh each and 3,20,000 was paid as stamp duty on each portion.

DRP cannot absolve from its duty without going into merits of contention of assessee while deciding comparability

December 31, 2015 906 Views 0 comment Print

In the case of M/s. Equant Solutions India Pvt. Ltd. Vs. ACIT Delhi Bench of ITAT remanded back the matter and held that DRP has not met the contention of the assessee in respect of inclusion/exclusion of comparable in its order.

Interest on delayed payment in connection of acquisition of property is allowed u/s 24 (b)

December 31, 2015 2672 Views 0 comment Print

ITAT Delhi held In the case of Wel Intertrade Pvt. Ltd. vs. ITO that there is no dispute that for purchasing the property at Munirka for a consideration of Rs.9,37,33,600, the assessee had taken loan from HDFC Bank for Rs.6.50 crores on which the authorities below have allowed the interest paid by the assessee.

TP: Companies in production & sale of software products cannot be compared with those in development of software on contract basis

December 31, 2015 2455 Views 0 comment Print

ITAT Delhi held In the case of Avaya India (P) Ltd. vs ACIT that a perusal of the annual report of company reveals that the said company has made income from sale of license to the tune of more than Rs.1 crore,

Exemption u/s 10A available on undisclosed income surrendered during survey proceeding u/s 133A

December 30, 2015 1353 Views 0 comment Print

M/s Bridal Jewellery Mfg. Co.Vs. ITO (ITAT Delhi) In the present case, it is an admitted fact that the assessee was engaged in the manufacturing of jewellery, during the process of manufacturing on behalf of the customers

Migration from one phase to another would not result in transfer of license awarded in Phase I

December 29, 2015 643 Views 0 comment Print

The ITAT Delhi in the case of Digital Radio Broadcasting Ltd. held that the migration from one phase to another phase cannot be considered as transfer of license awarded under phase I particularly when the license agreement restrict any type of transfer or assignment of license or rights thereunder.

Penalty u/s 271(1)(c) cannot be imposed where declaration of income is bonafide & no irregularities found by AO

December 29, 2015 3019 Views 0 comment Print

ITAT Mumbai held In the case of Ami Estates Pvt. Ltd. vs. DCIT that the assessee has explained one to one nexus namely cash funds received from sale of Bangalore property, and its utilization for Pune property.

Expenses on News/TV programs/Film rights not having enduring benefit allowed as revenue expenditure

December 29, 2015 1610 Views 0 comment Print

ITAT Mumbai held In the case of Zee Media Corporation Limited vs. DCIT that regarding the nature of the news items purchased, we find it is in the common knowledge of every citizen that the news items do not have enduring benefit.

Transfer Pricing: Revenue can’t adjust operating costs in allowing capacity adjustment

December 28, 2015 3628 Views 0 comment Print

In the case of DCIT Vs. Claas India Pvt. Ltd. Delhi Bench of ITAT have denied to approve the method adopted by AO/TPO in allowing capacity adjustments. ITAT further held that once the law enjoins for doing a particular thing in a particular manner alone

Assessment of a dissolved company is illegal

December 27, 2015 4007 Views 0 comment Print

In the case of Advance India Projects Ltd. Vs. ACIT Delhi bench of ITAT have held that assessment upon a dissolved company is impermissible as there is no provision in Income-tax Act, 1961 to make an assessment thereupon.

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