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ITAT Delhi

Section 54/54F exemption cannot be disallowed merely for closure of capital gain account without NOC of AO

August 13, 2022 1275 Views 0 comment Print

Closer of capital gain account without NOC of AO, the broad provisions and compliance of law surpass the mere default in not taking prior permission of ITO before closer of account

Revised return file to reflect amalgamation scheme approved by HC cannot be ignored by AO

August 12, 2022 612 Views 0 comment Print

ACIT Vs Rohit Bal Designs Pvt. Ltd. (ITAT Delhi) Ld. A.O has committed an error by passing assessment order based on standalone basis despite fact that he had full knowledge of amalgamation while making the addition. The Ld. A.O should have considered the effect of amalgamation more so in view of the specific mandate of […]

TDS not deductible on payment for usage of rights for internet/ telecom facility

August 12, 2022 51600 Views 0 comment Print

Held that payment made for usage of rights for the internet and telecom facility doesn’t fall in the nature of work defined u/s 194C and hence TDS not deductible.

Section 269SS not applies to Cash Loan between Agriculturists not having income chargeable to tax

August 11, 2022 2535 Views 0 comment Print

Raman Chaudhary Vs ACIT (ITAT Delhi) It is evident, the assesse is an agriculturist. For purchasing some agricultural land jointly, the assessee had availed cash loan from other agriculturists. It is a fact on record that the genuineness of the loan availed by the assessee has been accepted by the departmental authorities. Of course, there […]

Pre-operative expenditure cannot be allowed as business expenditure

August 10, 2022 7476 Views 0 comment Print

Held that as the business has not been set up during the year under consideration all the pre-operative expenditures are not deductible as business expenditure

Addition of CSR Expenses to book profit disclosed in audited accounts not justified

August 10, 2022 2100 Views 0 comment Print

Addition of CSR expenses to book profit under section 115JB was not justified as AO or assessee, none could tinker with book profit disclosed in audited account and once the accounts had been prepared in accordance with standards in this regard, this tinkering by AO had no sanction of law.

Loan given to shareholder not a deemed dividend

August 8, 2022 3936 Views 0 comment Print

Held that if a loan or advance is given to a shareholder as a consequence of any consideration which is beneficial to the company, in such a case, the advance or loan cannot be said to be a deemed dividend.

Income Tax dues falls within the definition of operational debts

August 4, 2022 843 Views 0 comment Print

ACIT Vs Monnet Ispat & Energy Ltd (ITAT Delhi) As per section 5 (21) of the IBC the dues to the Central Government also fall within the definition of operational debts and in terms of resolution plan as approved by the NCLT of the claims or demands or liabilities or obligations owned or payable to […]

Telephone expense cannot be disallowed merely for increase in expenditure

August 4, 2022 981 Views 0 comment Print

Bigfoot Retail Solution Pvt. Ltd. Vs ACIT (ITAT Delhi) It is observed that the assessee submitted before the Ld. AO/CIT(A) that all telephones are either installed at office premises or used by officers and the employees of the assessee company and that usage of telephone/internet is done by employees for official purposes only. It was […]

Taxability of Software License – ITAT remits matter back to AO

August 4, 2022 195 Views 0 comment Print

EY Global Services Ltd Vs ACIT (ITAT Delhi) These are appeals by the assessee against the respective orders of the ld. CIT (Appeals) for the concerned assessment years. 2. Since issues are common and connected and the appeals were heard together, these are being disposed off by this common order. 3. Since grounds are common […]

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