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ITAT Delhi

No Tax for Interest on Swiss Bank Accounts based on mere assumption

August 5, 2021 897 Views 0 comment Print

ACIT Vs Krishan Lal Madhok (ITAT Delhi)  A.C.I.T. on the basis of information received from the Government of France under the Double Taxation Avoidance Convention wrongfully assumed  that Shri Krishan Lal Madhok was earning an interest at the rate of 4% from his foreign Swiss Bank account, thereby included the same in his income while […]

Section 54F deduction cannot be denied merely for non-registration of conveyance deed

August 3, 2021 3228 Views 0 comment Print

ITAT- Held that, benefit of deduction under Section 54F of the IT Act cannot be denied to the Respondent merely on the ground that conveyance deed has not yet been got registered particularly when the Respondent is proved to be in possession of the property in question out of which the Respondent was already owner in possession of 1/3rd share since 2008 after making a complete payment of the sale consideration to the vendors and has duly proved possession over the property by way of electricity and water charges bills.

Delhi ITAT allows late deposit of ESI, EPF employees contribution

August 2, 2021 3414 Views 0 comment Print

Yogi Ji Technoequip Pvt. Ltd. Vs DCIT (ITAT Delhi) Facts : Addition on account of employee’s contribution to ESI and EPF – CPC while processing the return of the assessee disallowed the claim of employee’s contribution towards ESI and EPF on account of delay in depositing the amount as per the respective statutes Held: Respectfully […]

A person cannot be treated as Trustee merely on the ground that he is supervising substantial activities of Trust

August 2, 2021 1374 Views 0 comment Print

ITO Vs The Inclen Trust International (ITAT Delhi) AO made an addition of Rs.37,19,000/- being the excessive remuneration paid to Dr. N.K. Arora. On the one hand, he is being considered a specified person as a de facto trustee and on the other hand, he is being admitted as working under the trust and his […]

Examine Form No 15G/15H of depositor to whom Interest is paid- ITAT directs AO

August 2, 2021 897 Views 0 comment Print

Canara Bank Vs DCIT (ITAT Delhi) The fact of this case clearly shows that original order passed u/s 201(1) and 201(1A) of the Act on 24.03.2014 where the Assessee was found to be an assessee in default and also charged interest thereon comprising all the above sum. The appeal before the ld CIT(A) was filed […]

Cash deposited in Bank out of Sale of Land is directly connected

August 1, 2021 6534 Views 0 comment Print

Surat Singh Vs ITO (ITAT Delhi) The second ground of argument of the learned authorised representative is that the learned assessing officer has reopened the case of the assessee for the purpose of verification of the cash deposited in the savings bank account as income escaped. The learned assessing officer has not made any addition […]

No section 143(2) notice requirement if no valid filed return filed by Assessee

July 26, 2021 7026 Views 0 comment Print

When there was no valid return available before AO as assessee neither filed original return under section 139(1) nor filed any return in response to the notice issued under section 148 within the prior limit of 30 days as stated in the notice under section 148, there is no requirement of issuance of notice under section 143(2).

Section 11 exemption cannot be denied for providing hostel facilities to staff & students

July 22, 2021 2775 Views 0 comment Print

Durga Charitable Society Vs JCIT  (ITAT Delhi) Charitable Society providing hostel facilities to staff and students is integral part of ‘Educational Activities’,  and Section 11 exemption allowed Durga Charitable Society (Appellant) is a Society duly registered under Society Registration Act, 1860 and is engaged in running various educational institutions, medical colleges and charitable hospitals. Assessing […]

Delegation of certain formalities to another entity would not dis-entitle developer from section 80IB(10) deductions

July 19, 2021 630 Views 0 comment Print

DCIT Vs Sahara India Sahkari Awas Samiti Ltd. (ITAT Delhi) In DCIT v. Sahara India Sahkari Awas [ITA Nos.2481 & 2482/Del/2011 and CO Nos.221 & 222/Del/2011 decided on July 19, 20201] Sahara India Sahkari Awas (Respondent), a cooperative society of Sahara India group and is engaged in the business of development and construction of residential […]

Interest on late payment of service tax is compensatory in nature & shall be treated as a permissible deduction

July 15, 2021 7656 Views 0 comment Print

The Hon’ble ITAT, New Delhi in DCIT v. Planman HR Pvt. Ltd. (ITA No.5152/Del/2017, dated July 15, 2021) disposed of the appeal filed by the Revenue Department (Respondent) and upheld the order passed by the Commissioner of Income Tax (Appeals) (CIT Appeals), deleting the disallowance of INR 54,31,041/- being interest on late payment of service […]

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