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ITAT Delhi

Belated payment of employees contribution to EPF & ESI allowable

May 3, 2022 1206 Views 0 comment Print

Nestor Pharmaceuticals Ltd. Vs CPC (ITAT Delhi) The issue in this appeal is related to disallowance of expenditure on account of delay in deposit of employees contribution related to EPF & ESI. The issue is squarely covered by the judgement of Hon’ble Jurisdictional High Court of Delhi in the case of PCIT vs Pro Interactive […]

ITAT directs CIT(A) for denovo adjudication of case with reasonable opportunity

May 3, 2022 660 Views 0 comment Print

Pooja Vs ACIT (ITAT Delhi) This appeal is filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-38, New Delhi dated 18.03.2019 for the AY 2010-11. When the matter posted for hearing on 09.03.2022 none appeared on behalf of the assessee. The Notice sent through speed post with acknowledgement due […]

Section 68 addition cannot be made merely for meager income shown by Investor Companies

May 2, 2022 1656 Views 0 comment Print

Merely because the Investor Companies have shown meager income during the impugned assessment year, the same in my opinion, cannot be a ground to doubt the creditworthiness of the said company especially when the said company is having sufficient funds in its account in shape of share capital and free reserves.

AO not required to confine assessment only on issue for which assessment was reopened

May 2, 2022 507 Views 0 comment Print

M.R. Enterprises Vs ITO (ITAT Delhi) Admittedly, in the present case the assessment was reopened on the basis of cash deposited in the bank account and no addition has been made by the Assessing Officer regarding deposit of this amount. It is seen that the assessee has not raised this issue before the learned CIT(Appeals). […]

Subscription received for Cloud Services is not a royalty income

May 2, 2022 3531 Views 0 comment Print

MOL Corporation Vs DCIT (International Taxation) Circle (ITAT Delhi) Bench is of considered view that the cloud base services do not involve any transfer of rights to the customers in any process. The grant of right to install and use the software included with the subscription does not include providing any copy of the said […]

Tools, dies, jigs used for Manufacturing eligible for Additional Depreciation

May 2, 2022 7683 Views 0 comment Print

Efacec Switchgear India P. Ltd. Vs ACIT (ITAT Delhi) Assessee submitted that since tools, dies, jigs etc. are used by the appellant for its business of manufacturing switchgear products, the same are plant & machinery. Without these equipments it is not possible for appellant to manufacture switchgear products. Hence, the same are in the nature of […]

AO unjustified in assuming jurisdiction for year not covered in 6 year Block period

May 2, 2022 363 Views 0 comment Print

K.S. Nutrition and Food Pvt. Ltd. Vs ITO (ITAT Delhi) Assessee, inter alia, submitted that the Assessing Officer was not justified in assuming jurisdiction u/s. 153C of the Act in the present case, as the assessment year under consideration does not come within the compass of the block of six assessment years, if it is […]

Section 68 addition by AO without enquiring with AO of Loan Creditor is not justified

April 30, 2022 2499 Views 0 comment Print

GM Overseas Vs ACIT (ITAT Delhi) Assessee, during the course of assessment proceedings has filed various documents substantiating the identity and credit worthiness of the loan creditor and genuineness of the transaction. The assessee has accepted the loan amount of Rs. 4 crores in two tranches i.e., Rs.2,50,00,000/- and Rs.1,50,00,000/- on 05.01.2010 and 11.01.2011 respectively […]

AO Should Specify Proper Limb under Section 271(1)(c) of Income Tax Act

April 27, 2022 1566 Views 0 comment Print

Pranav Kumar Vs DCIT (ITAT Delhi) We have carefully considered the rival submissions made by both the sides and perused the material on record. The issue in the present appeal is with respect to levy of penalty under section 271(1)(c) of the I.T. Act, 1961. In the present appeal, the show cause notice dated 27.11.2017 […]

Supporting evidence cannot be regarded as additional evidence before CIT(A)

April 25, 2022 1773 Views 0 comment Print

ACIT Vs Shri M.K. Ajat Shatru (ITAT Delhi) It has been contended by the revenue that the Ld. CIT(A) erred in law in admitting additional evidence by way of certificate from the Divisional Commissioner without giving any opportunity to the AO. He submitted that it would be seen from the revenues record itself, i.e. from […]

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