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ITAT Delhi

Section 14A disallowance based on invalid satisfaction not sustainable

August 28, 2021 2490 Views 0 comment Print

HCL Comnet Ltd. Vs DCIT (ITAT Delhi) It is settled principle of law that generic dissatisfaction as to the correctness of the claim of the assessee without assigning any reason is not a valid satisfaction which is mandatory under section 14A(2) of the Act, as has been held by Hon’ble Supreme Court in case of […]

Deemed Dividend Provisions applies to ICDs not related to trade

August 25, 2021 2484 Views 0 comment Print

ITAT Delhi upholds addition of Rs. 18.75 crore as deemed dividend in Anil Nanda’s case, citing substantial shareholding and indirect benefits. Appeal dismissed.

No section 271(1)(c) penalty if notice was vague & ambiguous

August 24, 2021 4932 Views 0 comment Print

Addl. CIT Vs Airports Authority of India (ITAT Delhi) Perusal of the order passed by the ld. CIT (A) shows that the ld. CIT(A) deleted the penalty on two grounds : (i) that no valid notice u/s 274 of the Act has been issued to the assessee so as to inform the assessee as to […]

No penalty for preferring a claim which is unacceptable to Revenue

August 23, 2021 2007 Views 0 comment Print

HCL Technologies Ltd. Vs DCIT (ITAT Delhi) Levy of penalty in this case is unsustainable because mere preferring a claim which is unacceptable to the Revenue does not ipso facto lead to levy of penalty. Here in this case, Form No. 56F duly signed by the Chartered Accountant justifies the plea of bona fide belief […]

Depreciation on Tenancy Rights allowable under the Income Tax Act

August 16, 2021 2613 Views 0 comment Print

Premier Book Company Vs Addl. CIT (ITAT Delhi) M/s Premier Book Company (Appellant) has filed the current appeal challenging the order by the Commissioner of Income Tax (Appeals) (CIT(A)) dated June 03, 2016 pertaining to Assessment Year (A.Y) 2010-11, which upheld the disallowance of depreciation on tenancy rights. The Assessing Officers disallowed the claim under […]

ITAT deletes adhoc disallowance of advertisement and publicity expense

August 16, 2021 1503 Views 0 comment Print

Goodyear India Ltd. Vs NeAC (ITAT Delhi) Coming to Ground raised by the assessee against the making of adhoc disallowance amounting to Rs.3,52,33,953/- being 30% of the total expenditure of 11,74,46,510/- incurred by the assessee on advertisement and publicity. CIT DR submitted that the AE of the assessee company would certainly be benefitted  by  expenditure […]

Late payment of employee’s contribution to EPF & ESIC allowable if paid before filing I.T. return

August 15, 2021 7686 Views 0 comment Print

Indo States Exports Vs ACIT (ITAT Delhi) The only effective ground is against the disallowance of Rs.3,01,631/- on account of late payment of employee’s contribution towards EPF and ESI. Ld. Counsel for the assessee submitted that authorities below were not justified in disallowing the claim of the assessee in respect of employee’s contribution. Hon’ble Jurisdictional […]

Reopening Quashed when Supplied & Recorded Reasons are Not Same & Verbatim

August 12, 2021 2355 Views 0 comment Print

Jansampark Advertising & Marketing P. Ltd. Vs ITO (ITAT Delhi) Settled position of law as held by the Hon’ble High Court in the case of Haryana Acrylic Manufacturing Co. v. Commissioner of Income Tax 308 ITR 38 [ Delhi] is that the requirement of recording the reasons, communicating the same to the assessee, enabling the […]

Provision of section 43B not applicable to ground rent

August 11, 2021 2346 Views 0 comment Print

Ajay Enterprises Pvt. Ltd. Vs DCIT (ITAT Delhi) The solitary ground raised by the assessee in this appeal pertains to disallowance of Rs. 10,47,025/- incurred by the assessee during the year as ground rent on lease hold properties to L& DO. According to the AO this amount is not allowable u/s 43B of the Income […]

Assessment Based On Change of Opinion Is Void Ab Initio

August 10, 2021 1368 Views 0 comment Print

SJM International Ltd. Vs DCIT (ITAT Delhi) The conclusion of the Assessing Officer at the end of the reasons recorded as noted above is contradictory. In the first two lines, the Assessing Officer has recorded the finding that the sum of Rs.2,35,00,000/- has escaped assessment but in the last two lines, he has recorded that […]

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