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ITAT Delhi

No section 271(1)(c) penalty if notice fails to specify Concealment or Furnishing of Inaccurate Particulars of Income

July 26, 2022 6957 Views 0 comment Print

Kalra Papers Pvt. Ltd. Vs ITO (ITAT Delhi) The penalty provisions of section 271(1)(c) of the Act are attracted, where the Assessee has concealed the particulars of income or furnished inaccurate particulars of such income. It is also a well-accepted proposition that the aforesaid two limbs of section 271(1)(c) of the Act carry different meanings. […]

No penalty for Delay in Tax Audit report filing due to delay in Audit by Dept. of Co-op Audit

July 26, 2022 4860 Views 0 comment Print

T P D 101 Uthangarai Milk- Producers Co-operative Society Ltd. Vs ITO (ITAT Chennai) The assessee supposed to have been filed audit report as required u/s.44AB of the Act, on or before 31.10.2015. However, such audit report has been filed on 05.03.2016, which is before the date of completion of assessment proceedings u/s.143(3) of the […]

Weighted deduction allowable for capital expenses on R&D approved by DSIR

July 26, 2022 1044 Views 0 comment Print

ACIT Vs Ecocat India Pvt. Ltd. (ITAT Delhi) There is no quarrel on the proposition that the DSIR has approved the weighted deduction for capital expenses. Those expenses were in a sum of Rs. 2,97,57,596/- which is acknowledged in the assessment order by the AO. What has not been permitted u/s 35(2AB) of the Act […]

Expenditure incurred by trust outside India cannot be considered as application of income

July 26, 2022 4098 Views 0 comment Print

Church’s Auxiliary For Social Action Vs ACIT (ITAT Delhi) In the case of India Brand Equity Foundation vs. Assistant Commissioner of Income Tax (E), Trust, Ward-II, New Delhi [(2012) 23 com 323 (Del)] it was held that amount spent outside India for participating in a fare held outside India cannot be treated as application of […]

Section 68 addition justified for Cash Deposits not Corroborated with Business Receipts or Cash Withdrawals

July 26, 2022 228 Views 0 comment Print

Sneh Developers Pvt. Ltd Vs DCIT (ITAT Delhi) As per the AO, the assessee has not filed return of income and hence notice u/s 148 of the Income Tax Act, 1961 has been issued owing to cash transactions exceeding Rs.10,00,000/-. The AO held that the assessee has not given any details with regard to the […]

HUF Eligible For section 54F Exemption for Property Purchased in Joint Name of Members

July 26, 2022 1962 Views 0 comment Print

S.K. Agarwal (HUF) Vs ITO (ITAT Delhi) It is an admitted fact that during the AY 2015-16, the assessee HUF sold a plot of land and earned capital gain which it claimed exempt under section 54F as the assessee purchased a residential house. The only cause of denial of exemption by the Revenue is that […]

Misplacement of Assessment Order by Advocate – ITAT condone delay

July 26, 2022 594 Views 0 comment Print

Assessee has assigned reasons for condoning delay is that, Assessment order been misplaced by Advocate & not handed over the same to assessee

Sale of software products is not royalty income so not taxable in India

July 20, 2022 1365 Views 0 comment Print

Held that it is well settled law that, the sale of software product which will not giving rise to royalty income.

Focus Products Scheme Incentive is not liable to Income tax

July 20, 2022 1947 Views 0 comment Print

Focus Product Scheme (FPS) was first introduced with the objective to incentivize export of such products which have high export intensity/ employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.

Share of client pledged by broker cannot be treated as his undisclosed investment

July 19, 2022 2064 Views 0 comment Print

Held that broker pledged the shares of the clients with banks for obtaining bank finance. It is not justified to take value of shares pledged as undisclosed investment of the broker.

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