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ITAT Delhi

Foreign exchange loss duly allowable as deduction

October 31, 2022 1236 Views 0 comment Print

ITAT Delhi held that AO duly accepted foreign exchange gain offered to taxation in earlier Assessment Year, hence AO cannot disallow foreign exchange loss assuming it to be a contingent loss in the year under consideration.

Affidavit cannot be brushed aside without verifying the veracity of such affidavit

October 28, 2022 1656 Views 0 comment Print

It is seen from the record that the assessee had filed various evidences in the form of affidavit etc. The learned CIT(A) has brushed aside those evidences without even verifying the veracity of such affidavit. Merely stating that the affidavit was procured subsequent to marriage, in my considered view is not justified.

ITAT condone delay as notice & penalty order was not served on assessee

October 25, 2022 861 Views 0 comment Print

Dinesh Babu Saxena Vs ITO (ITAT Delhi) As against the penalty order dated 30/09/2016, the assessee has preferred the Appeal before the CIT(A) with a delay of more than 12 months. It is the specific case of the assessee before the CIT(A) that the assessee has not received any notice u/s 271(1)(c) or the order […]

No section 14A Disallowance if no Exempt Income received during the year under consideration

October 24, 2022 468 Views 0 comment Print

Addl. CIT Vs TV Today Network Ltd. (ITAT Delhi) The Ground in respect of deleting disallowance of Rs. 56,20,737/- u/s 14A of the Act on the ground that disallowance u/s 14A cannot exceed exempt income. The issue involved in Ground No. 2 is also decided in favour of the assessee in ITA No. 7277/Del/2018 for […]

ITAT Condones Delay as counsel not intimated Regarding Ex Parte Order

October 24, 2022 762 Views 0 comment Print

Surender Vs ITO (ITAT Delhi) The assessee has suffered an assessment order dated 14/12/2016, but the assessee has challenged the same before the CIT(A) with a delay of 224 days. It is the case of the assessee before the Ld. CIT(A) for condoning the delay is ‘that the assessee was under the impression that his […]

Tax exemption available to defence personnel invalidated from service due to bodily disability

October 21, 2022 9306 Views 3 comments Print

ITAT Delhi held that income tax exemption shall be available to the Defence Forces Personnel who have been invalidated from service on account of bodily disability while in service.

Incidental benefit to AE doesn’t prove existence of international transaction

October 20, 2022 504 Views 0 comment Print

ITAT Delhi held that the main purpose of incurring of huge AMP expenses has largely benefited assessee in India, with an incidental benefit arising to foreign AE. Hence, it is very difficult to accept existence of an international transaction.

Business deems to be commenced once activity essential to carrying on business is started

October 17, 2022 561 Views 0 comment Print

It was held that once business is set up, expenditure incurred relating to such business have to be treated as revenue expenditure and allowed as deduction. As soon as an activity which is essential to carrying on the business is started the business must be said to have commenced.

Refusal of assessee to take notice is a good service of notice

October 15, 2022 1323 Views 0 comment Print

ITAT Delhi as regards contention of notice not properly serviced held that as per postal authorities explanation the assessee has refused to take notice and such refusal to take a notice is a good service.

Valuation of shares following Discounted Cash Flow Method should be accepted

October 15, 2022 3210 Views 0 comment Print

ITAT Delhi held that assessee has option to choose any of the method i.e., book value method or discounted cash flow method to the Assessee for determining the value of its shares. The valuation so arrived by the expert under Discounted Cash Flow Method providing necessary basis of computation of projection needs to be accepted.

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