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ITAT Delhi

Advance cannot be treated as deemed dividend for non-notarization/registration of document

March 24, 2021 702 Views 0 comment Print

DCIT Vs Genesis Colors Pvt. Ltd. (ITAT Delhi) During the assessment proceedings, the Assessing Officer treated the advance received u/s 2(22)(e) holding, -That GLFPL has granted loans of Rs. 15,00,00,000/- and Rs.5,00,00,000/- on 30.07.2011 to M/s Genesis Colours Pvt. Ltd. as per the related party transaction chart shown in Notes to accounts of the accounts […]

Contradiction In Reasons Recorded & Assessment makes reassessment proceedings a nullity

March 24, 2021 1815 Views 0 comment Print

Balbir Investment Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the reasons recorded by the Assessing Officer shows that he has reopened the assessment by recording the reasons that shares of G.J. Holdings has been procured by Blabir Investments Pvt. The relevant observations of the Assessing Officer in the reasons recorded by the Assessing […]

No addition for alleged bogus share capital if Identity of Shareholders Known to Department

March 24, 2021 1410 Views 0 comment Print

It was held that even if the shareholders are bogus, addition cannot be made in the hands of the assessee and addition can be made only in the hands of such bogus shareholders if their identity is known to the Department.

ITAT directs CIT(A) to accept Appeal filed Manually

March 24, 2021 594 Views 0 comment Print

XL Laboratories Pvt. Ltd. Vs DCIT (ITAT Delhi) Although, the assessee was required to file the appeal in electronic form w.e.f., 01.03.2016, it is undisputed that at that particular time there were some technical glitches in the e-filing website of the Income Tax Department due to which the CBDT subsequently extended the time limit for […]

TDS deductible on sitting fees paid to director

March 24, 2021 18519 Views 0 comment Print

HLS Asia Ltd. Vs DCIT (ITAT Delhi) Prima facie after looking at provisions of Section 17 and the concept of Director under the Companies Act and thus has a relationship as an employee to the Company. Besides this, the fees which is termed as sitting fees is the part and parcel of remuneration of the […]

No section 271AAB penalty on admitted and Surrendered Income

March 23, 2021 2499 Views 0 comment Print

Ashish Mittal Vs DCIT (ITAT Delhi) The Ld. AR submitted that the Assessing Officer has not contemplated the proper penalty notice as per the provisions of Section 271AAB. The Assessing Officer was not correct in imposing the penalty u/s 27 1AAB as the assessee has surrendered the income and also paid taxes accordingly The insertion […]

Section 13(1)(b) provisions not attracted to religious societies

March 23, 2021 1641 Views 0 comment Print

ACIT Vs Indian Evangelical Team (ITAT Delhi) ITAT held that provisions of section 13(1)(b) are attracted in case of charitable societies only and not in case of religious societies and hence there is no violation of section 13(1)(b) as alleged by the Assessing Officer, since this assessee is religious society. FULL TEXT OF THE ORDER […]

Addition for Share Capital & Premium: ITAT remands back case to CIT(A) for taking proper cognizance of evidence

March 19, 2021 690 Views 0 comment Print

ITO Vs Direct Mercantile Company Pvt. Ltd. (ITAT New Delhi) Issue- Ld. Commissioner of Income Tax (Appeal) erred in law and on facts of the case in deleting the addition of Rs. 3,14,16,000/- made by the A.O on account of unexplained share capital & share premium and Rs. 2,10,00,000/- on account of unexplained investment Submission […]

ITAT allows Any year as initial assessment year for Section 80IA deduction

March 18, 2021 2499 Views 0 comment Print

Where assessee had existing brought forward losses which were either could not be set off against the profits and if the assessee considered any year as the initial assessment year for the benefit of Section 80IA in such cases, the eligible profits would be determined only after setting off of the losses/ unabsorbed depreciation carried forward in the year the deduction was claimed.

ITAT directs AO to consider allowability of Additional depreciation claimed during assessment proceedings

March 18, 2021 915 Views 0 comment Print

Lord Krishna Rice Mills Vs ITO (ITAT Delhi) Whether the assessee can claim additional depreciation which was not claimed in the original return or not claimed through revised return, but, was claimed during the course of assessment proceedings. As per the decision of the Hon’ble Supreme Court in the case of M/s Goetze (India) Ltd. […]

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