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ITAT Delhi

RPM most appropriate method for trading segment

June 17, 2022 951 Views 0 comment Print

Karcher Cleaning Systems Pvt Ltd. Vs ACIT (ITAT Delhi) The assessee is a pure trading company involved in the distribution activity without adding any value to the purchased product and hence the RPM is the most appropriate method. Facts- The assessee is a subsidiary of Karcher Beteilgungs GmbH which started its commercial activities on 16.04.2011 […]

Addition untenable as no incriminating material found during search

June 17, 2022 282 Views 0 comment Print

Paramount Probuild Pvt. Ltd. Vs DCIT (ITAT Delhi) Held that when there is no incriminating material was unearthed during the course of search in respect of an issue, then no addition in respect of such an issue can be made in the assessment u/s 153A & 153C of the Act. Facts- The assessee Company is […]

Sec. 271(1)(c) Penalty imposed cannot survive if assessment order quashed

June 17, 2022 1725 Views 0 comment Print

Heritage Infracon Pvt. Ltd. Vs DCIT (ITAT Delhi) At the outset learned counsel for the assessee submitted that in quantum proceedings the Tribunal vide its order dated 4.12.2019 was pleased to delete the addition made by the Assessing Officer. Revenue has not disputed the fact that the assessment has been quashed by the Tribunal in […]

No Section 271(1)(c) penalty when quantum addition was set aside

June 17, 2022 2226 Views 0 comment Print

Tanya Automobiles Pvt. Ltd. Vs ACIT (ITAT Delhi) It was pointed out by the Ld. Counsel for the assessee that the quantum appeal arising out of assessment order has been decided vide ITA No. 1842/Del/2017 and the addition has been deleted. The fact could not be controverted by the Revenue. The Bench is of firm […]

Agricultural income cannot be taxed based on mere statistical data

June 16, 2022 1155 Views 0 comment Print

Kuldeep Katiyar Vs ACIT (ITAT Delhi) Addition of Rs.13,07,933/-treating the agricultural income as income from other sources. ITAT find that the assessee produced certain evidences in support of his claim regarding earning of agricultural income. The AO without verifying the correctness of claim and rebutting the evidences based his finding on certain statistical data. No […]

Capital loss on revaluation of fixed Assets & deduction from Book Profit

June 16, 2022 3831 Views 1 comment Print

DCIT Vs Railtel Corporation Of India Ltd. (ITAT Delhi) On perusal of the audit report of the Assessee-company, we observe that the Independent Statutory Auditor has expressed ‘qualified’ opinion on the financial statement and one of the qualifications relates to claim of loss on revaluation of assets in question. The qualification of Auditor has the […]

LTCG on Paper Company Shares: ITAT Upheld Disallowance

June 16, 2022 612 Views 0 comment Print

Sanjeev Kumar Agarwal (HUF) Vs ITO (ITAT Delhi) It was noticed by the AO that as per computation of income submitted by the assessee, income from LTCG of Rs.22,76,598/-had been claimed out of the sale of shares of Eco Friendly Food Processing Park Ltd. The AO called upon the assessee to substantiate the claim and […]

TDS credit is eligible to be claimed from the country in which related income was taxed

June 15, 2022 426 Views 0 comment Print

Turner Broadcasting System Asia Pacific Inc. Vs DCIT (ITAT Delhi) Conclusion: TDS credit can be claimed in the country in which the related income was offered to tax. Held: Assessee derived revenue from the grant of exclusive rights to Turner International India Private Limited (TIIPL’) in India to sell advertising on the products and to distribute […]

Disallowance untenable as employees’ cont. to ESI/ PF paid before date of return

June 15, 2022 6969 Views 0 comment Print

ACIT Vs Amardeep Singh Bedi (ITAT Delhi) No disallowance is called for, on belated payment of employees’ contribution to ESI and PF in case the assessee deposited the said contribution before due date for filing of return of income under Income Tax Act Facts- The appeal is preferred by the revenue against CIT(A) order deleting […]

Interest on FBT, penal in nature, disallowed

June 15, 2022 297 Views 0 comment Print

VCI Hospitality Ltd. Vs DCIT (ITAT Delhi) Interest expenses on FBT being penal in nature cannot be treated as business expenses Facts- Assessee is a company engaged in the business of hotel operations and marketing activities. Assessee filed its ROI for A.Y. 2011-12 on 30.09.2011 declaring income of Rs.80,67,320/-. The case was selected for scrutiny […]

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