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ITAT Delhi

Section 194H TDS not Applicable on Commission to Credit Card Company

June 23, 2022 3171 Views 0 comment Print

Global Healthline Pvt. Ltd Vs ITO (ITAT Delhi) The first issue relates to disallowance of sum of Rs.20,83,340/- on account of credit card commission under Section 40(a)(ia) of the Act. It is the case of the assessee that provisions of Section 194H are not attracted having regard to nature of such expenses. It is contended […]

Disallowance for incompleteness of bills & vouchers on estimation basis not valid

June 23, 2022 1920 Views 0 comment Print

Expenses have been disallowed on estimate basis. The basis of such disallowances is said to be incompleteness of the bills and vouchers. However, the Assessing Officer has not pointed out as to which bills and vouchers were found to be wanting.

Credit for TDS is available in the year in which income is reported

June 22, 2022 2100 Views 0 comment Print

Interglobe Entreprises Pvt. Ltd Vs ACIT (ITAT Delhi) A combined reading of Section 199(3) r.w. Rule 37BA(3) makes the position of law clear that credit for TDS is available in the year in which the income is reported and as a corollary, should not be deferred to some other assessment year. In the instant case, […]

ITAT Restores Matter To CIT(A) for proper examination & verification of documents

June 22, 2022 486 Views 0 comment Print

Harish Aswal Vs DCIT (ITAT Delhi) Ld. Counsel for the assessee submitted that the assessee has submitted all documentary evidences before the authorities below including ledger account of Centurian Bank Account No.442756061 available at page 108 to 138 of assessee’s Paper Book before the AO as well as before Ld.CIT(A) which clearly shows that the […]

Income Tax: Section 2(22)(e) Act can be invoked in respect of shareholder

June 22, 2022 378 Views 0 comment Print

ACIT Vs Vserve Business Solution Pvt. Ltd. (ITAT Delhi) Assessing Officer has not disputed the fact that the assessee is not a share holder in Intersoft Data Labs Labs Pvt. Ltd. which provided interest free loans to the assessee only because the assessee as well as lender entity are having a common shareholder the Assessing […]

Invocation of jurisdiction under Section 147 is not alternative to Section 263

June 22, 2022 1287 Views 0 comment Print

Plaza Cable Industries Ltd Vs DCIT (ITAT Delhi) The maintainability of jurisdiction under Section 147 of the Act is central to the controversy in the instant case. On perusal of the reasons recorded under Section 148(2) of the Act qua the alleged escapement as reproduced in paragraph 6 above, it is straightaway noticed that the […]

Income from technical handling services to other Airlines is exempt under Article 8 of India Netherlands DTAA

June 22, 2022 525 Views 0 comment Print

income from technical handling is exempt from taxation in India as the same is covered under Article 8 of the DTAA between India & Netherlands and hence not liable to tax in India.

Assessment order on issue other than reasons recorded for reopening is unsustainable

June 22, 2022 4503 Views 0 comment Print

Assessment framed by the AO is on other issues which is not part of the reasons recorded for reopening the assessment. In such a situation, the assessment order is not sustainable in the eye of law.

No section 271(1)(b) Penalty Unless Conduct of Assessee Is Contumacious

June 22, 2022 888 Views 0 comment Print

Krishan Kumar Goel Vs DCIT (ITAT Delhi) AO has made additions and computed the income at Rs.1,88,85,961/-. Nowhere in the order of the AO there is any whisper that AO is not satisfied by the compliance by the assessee to his notices or queries. Now, the same AO has passed the above said penalty order. […]

Section 154 cannot be invoked for Applicability of section 14A to section 115JB provisions

June 22, 2022 474 Views 0 comment Print

DCIT Vs Jammu Pigments Ltd. (ITAT Delhi) Assessing Officer initiated proceeding under section 154 of the Act to make the disputed disallowance while computing the book profit and ultimately did so. Therefore, it is evident, the 154 proceeding was at the behest of the Revenue audit. Applicability of section 14A read with Rule 8D to […]

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