ITAT Delhi

Tax not leviable on Subsidy from State Govt under ‘Capital Investment Subsidy’

ACIT Vs Pasadensa Foods Ltd (ITAT Delhi)

The New Delhi bench of Income Tax Appellate Tribunal on yesterday ruled that the amount received as subsidy from the State Government under Capital Investment subsidy is not taxable under the Income Tax Act as it is capital in nature....

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Penalty not justified for non-deduction of TDS on Lease rent due to Reasonable Cause

Addl. CIT (TDS) Vs The Principal Officer (ITAT Delhi)

Section 273B of the Act provides that in case of a reasonable cause, penalty otherwise exigible, inter alia, u/s 271C of the Act, cannot be imposed. ...

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Addition not justified for mere non-compliance of inquiry U/s. 133(6) & of summons issued U/s. 131

Phool Singh Vs. ACIT (ITAT Delhi)

Merely because 133(6) notices issued to the party returned un-served though it was the same address, which was supplied by supplier while filing its income tax return, no fault can be put on the shoulder of assessee....

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Payment of Arbitration Award cannot form part of Cost Base for Margin Calculation

Hyundai Rotem Company Vs. ACIT (ITAT Delhi)

ITAT Delhi, last week held that the transaction of making payment of Rs. 95,50,31,150/- (on account of arbitral award) by Hyundai Rotem Company to the DMRC made on behalf of its AE would not part of the margin calculation to be added to revenue and cost for bench marking the international transaction....

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Section 153C Assessment is without Jurisdiction if documents seized not belongs to Assessee

A.C.I.T. Vs. Empire Casting Pvt. Ltd. (ITAT Delhi)

While dismissing the appeal filed by the revenue the Delhi bench of Income Tax Appellate Tribunal (ITAT) recently held that assessment under Section 153C of the Income Tax Act without jurisdiction when documents seized not belonged to the assessee is invalid. ...

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TDS U/s. 194J not applicable on Fee for allowing use of technical System

ACIT Vs. M/s Noida Power Company Ltd. (ITAT Delhi)

Section 194J would have application only when the technology or technical knowledge, experiences/ skills of a person is made available to others which can be further used by him for its own purpose and not where by using technical systems, services are rendered to others. ...

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Penalty cannot be levied on suo-motto additional wealth declared in revised belated return

Sahara India Commercial Corporation Ltd. Vs. DCIT (ITAT Delhi)

Assessment order shows that it is only basing on the revised assessment, the assessment was completed. Only reason stated by the AO for initiation of penalty was that no revision could be made in case of belated filing of the original return of wealth. ...

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Sec. 12AA Training in rock climbing, mountaineering, bag-packing, kayaking, sailing and rafting is educational activity

Nandadevi Outdoor Leadership School Vs. DIT (Exemptions) (ITAT Delhi)

Nandadevi Outdoor Leadership School Vs. DIT (Exemptions) (ITAT Delhi)  The assessee is engaged in the activities of rock climbing and mountaineering, bag-packing, kayaking, sailing and rafting. It says that it is one of the world‟s biggest outdoor skill trainer and its parent is headquartered in the USA. It offered courses in the Himal...

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TDS U/s. 194H not deductible on bank guarantee commission

DCIT Vs. PRL Projects & Infrastructure Lt. (ITAT Delhi)

When the bank issues a bank guarantee on behalf of the assessee, all it does is to accept the commitment of making payment of a specified amount to the beneficiary on demand and it is in consideration of this commitment that the bank charges of fee which is termed as ‘bank guarantee commission’...

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No Penalty on Income disclosed during survey and also in return filed U/s. 153A

Alok Bhandari & Anr. Vs. ACIT (ITAT Delhi)

In the present case, the fact that the entire ‘undisclosed income’ was declared by the appellant in the statement recorded during search and the same was also disclosed in the return filed pursuant to notice issued under section 153A, clearly goes to show the bona fides of the appellant, not warranting imposition of penalty under sect...

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