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ITAT Delhi

No income accrues or arises in India if Non-resident rendered services outside India

September 24, 2021 2691 Views 0 comment Print

ACIT Vs Groz Engineering Tools Pvt. Ltd. (ITAT Delhi) Non-residents have rendered the services outside India and have been paid in foreign currency. Therefore, no income accrues or arises in India. These non­residents do not have any PE or business connection in India which is not doubted by the AO. Further, the Assessing Officer has […]

Section 80IB deduction eligible on receipt from Scrap generated during manufacturing

September 24, 2021 792 Views 0 comment Print

Receipts from sale of scrap being part and parcel of the activities and being approximate thereto would also be within the ambit of gains derived from industrial undertaking for the purposes of computing deduction u/s 80IB

Education Cess allowable as not fall under section 40(a)(ii)

September 22, 2021 1701 Views 0 comment Print

Education cess was an allowable deduction while computing the income under the head profits and gains from business or profession as it did not fall within section 40(a)(ii).

Allowed deduction of business loss including amount paid as managerial remuneration on account of it being business expenses

September 21, 2021 918 Views 0 comment Print

Universal Buildrise Private Limited Vs ITO (ITAT Delhi)  M/S. Universal Buildrise Private Limited (Appellant) filed an appeal against Order dated September 30, 2019 of the Ld. CIT(A)-9, New Delhi, relating to the Assessment Year (AY) 2016-2017. The Appellant filed its return of income declaring loss and paid taxes on book profit under Minimum Alternate Tax […]

Section 148 notice invalid for reassessment initiated based on incriminating material

September 21, 2021 7320 Views 0 comment Print

On the basis of incriminating material found, once reassessment proceedings was initiated on the basis of incriminating material found in the search of 3rd party then the provisions of section 153C of the I.T. Act were applicable which exclude the application of section 147 and 148 of the I.T. Act and notice u/s. 148 of the Act and proceeding u/s. 147 are illegal and void ab initio

ITAT deletes addition for Purchase which was never made by Assessee

September 21, 2021 1047 Views 0 comment Print

Raman Sood Vs ITO (ITAT Delhi) On being seen ledger account of the seller of the goods in the relevant Financial year it is noted that there are no credits appearing in the said ledger as being no purchases from the said seller. No purchases made from the seller during the AYr. Under consideration. Evidentiary value […]

Section 153C addition based on mere Statement of 3rd party unsustainable

September 21, 2021 4983 Views 0 comment Print

Kuber Products P Ltd Vs ACIT (ITAT Delhi) Statement of 3rd party could not have been used for making an addition in the hands of the assessee in case of search U/S 153A in absence of any corroborative material Delhi High court recent celebrated decision in case of Anand Kumar Jain HUF followed and held […]

ITAT Delhi landmark order on scope of draconian provision of section 153C

September 15, 2021 2319 Views 0 comment Print

DCIT Vs Dalmia Bharat and Industries Ltd. (ITAT Delhi) Now the questions arising before us in this group of appeals were as Under:- i. Whether assessment framed u/s 153C read with S; ection 143 (3) for assessment year 2006 – 07 and 2007 – 08 are barred by the limitation. ii. Whether the assessment order […]

Expenses incurred for retaining status of company are allowable

September 15, 2021 642 Views 0 comment Print

ACIT Vs Tulip Star Hotel Ltd. (ITAT Delhi) It remains an undisputed fact that the assessee was incorporated on 10.09.1987, made investments in V. Hotels Ltd, which had acquired Centaur Hotel in Mumbai from the Government intending to revive the business of such hotels, but in view of legal dispute with regarding to Centaur Hotel […]

Addition for Accommodation Entry not sustainable if no Adverse Finding by AO

September 13, 2021 2739 Views 0 comment Print

DCIT Vs Jaguar Buildcon Pvt. Ltd. (ITAT Delhi) We find that there is no dispute that the assessee has received share application money from six companies, out of which, from three companies assessee has received premium for sums aggregating to Rs.103,80,00,000/-. In the case of Ganesh Buildcon Pvt. Ltd., Feelgood Creation Pvt. Ltd., and Beyond […]

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