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ITAT Delhi

Section 234B & 234C Interest not leviable on additional income taxable due to unanticipated event

April 24, 2022 3990 Views 0 comment Print

Interest under section 234B and 234C is not leviable since it was not possible for the appellant to anticipate the events that were to take place in the next financial year and pay advance tax on the basis of those anticipated events.

Routine procurement assistance services not amounts to Technical Services

April 24, 2022 870 Views 0 comment Print

Adidas India Marketing Pvt. Ltd. Vs National E-Assessment (ITAT Delhi) Facts- Assessee is a company stated to be engaged in distribution and marketing of a range of Adidas and tailor made branded athletic and lifestyle products. Assessee electronically filed its ROI for A.Y 2016-17 on 30.11.2016 declaring total income at Rs. 67,85,52,440/-. The case was […]

Suppression in Net Sales assessable as Business Income & not under Section 68

April 24, 2022 2160 Views 0 comment Print

Income surrendered by assessee is nothing but suppression in net sales and is assessable under the head income from business and cannot be treated as deemed income u/s 68 of the Act.

CIT(A) cannot treat addition made by AO U/s. 69C as made U/s. 69B

April 24, 2022 2790 Views 0 comment Print

M/s Toffee Agricultural Farms Pvt. Ltd. Vs ITO (ITAT Delhi) Coming to the question regarding action of the learned CIT (Appeals) to treat the reference u/s 142 for the purpose of Section 69B, I find merit into the contention of the assessee that there is no power conferred upon the learned CIT(Appeals) to assess a […]

Invocation of section 263 unjustified if order of AO was not erroneous

April 23, 2022 942 Views 0 comment Print

Since we have already held that the AO has conducted proper enquiry and has taken a plausible view, therefore, the order cannot be held to be erroneous, therefore, in absence of fulfillment of twin conditions, PCIT is not justified in invoking the jurisdiction u/s 263 of the IT Act, 1961.

Customized research advisory service not taxable as Royalty if no transfer of any copyright

April 23, 2022 1014 Views 0 comment Print

The assessee operates as a global services advisory and research company. Assessee assists corporations in developing and implementing leading edge sourcing strategies including captive outsourced and shared services approaches.

ITAT Allowed expenses of Commission paid on the basis of oral agreement

April 22, 2022 3279 Views 0 comment Print

Batra Enterprises Vs ACIT (ITAT Delhi) The facts relating to the ground are that during the course of assessment proceedings the Assessing Officer noticed that the assessee had made payment of Rs. 2,74,846/- being commission paid to Shri Ishan Batra. In response to the query of the Assessing Officer, the assessee had stated that Shri […]

ITAT Stays Demand due to non-deduction of TDS on Reinsurance Commission

April 20, 2022 1203 Views 0 comment Print

AXA France Vie Vs ACIT (ITAT Delhi) It is evident, the demand in dispute is as a result of disallowance made under section 40(a)(ia) of the Act due to alleged non-compliance with the provisions of section 194D of the Act. It is the claim of the assessee that the provision contained under section 194D is […]

Income Tax Reassessment against Non-Existing Entity is void ab-initio’

April 19, 2022 2532 Views 0 comment Print

We have no hesitation in holding that Ld. AO was not within his jurisdiction to frame the reassessment in the name of non-existing entity and such reassessment order dated 10.03.2014 is nullity and not sustainable in the eye of law

ITAT Quashes reassessment proceeding initiated merely based on Investigation Wing report without application of Mind

April 18, 2022 1473 Views 0 comment Print

M/s Nishit Fincap Private Limited Vs ITO (ITAT Delhi) In this case The original assessment was completed u/s 143(3) on 03.12.2010 determining the total income at Rs.48,360/-. I find the assessment in this case was reopened on the basis of information obtained from the Investigation Wing, according to which, during the search and seizure operations […]

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