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ITAT Delhi

Section 68 addition unjustified when Assessee submit confirmation & bank statement of Creditor

February 13, 2021 1422 Views 0 comment Print

Aarya Organic Foods & Ayurvedic Industries Pvt. Ltd. Vs ITO (ITAT Delhi)  As far as addition of Rs.5 lakh of amount received from Sh. Jasbir Singh is concerned, we find that CIT(A) has given a finding that his confirmation, bank statement evidencing bank transfer is on record but since he had not given source of […]

TNMM is best Method to benchmark international transactions with AE

February 13, 2021 1467 Views 0 comment Print

DCIT Vs Knorr Bremse India Pvt. Ltd. (ITAT Delhi) TNMM is the Most Appropriate Method to benchmark the international transactions entered into by the taxpayer with its AE qua professional consultancy services (information technology) and fee for management support services but TPO, for the reasons best known to him and to our mind to generate […]

No Section 68 Addition for Unsecured Loans merely for Low Income declared by creditors

February 11, 2021 10758 Views 0 comment Print

Hindon Forge Vs DCIT (ITAT Delhi) It is not in dispute that assessee filed confirmation of all the creditors supported by their computation of income, acknowledgment of filing of the returns, copy of the balance-sheet, copy of the ledger account of the assessee in their books and bank statements. Copies of the same are also […]

ITAT upheld Addition for cash deposited in bank during demonetization period for failure to explain Source

February 11, 2021 3240 Views 0 comment Print

Leela Devi Vs ITO (ITAT Delhi) It is not in dispute that assessee made cash deposit of Rs. 15 lakhs in her bank account during demonetization period. The assessment year under appeal is 2017-18 and the assessee deliberately filed the return of income belatedly on 25.03.2018. The assessee explained before AO the source of the […]

Time limit of reckoning for section 54 is to be read as 139(4) & not as 139(1)

February 10, 2021 4011 Views 0 comment Print

Harminder Kaur Vs ITO (ITAT Delhi) In the instant case, the assessee has claimed deduction under section 54 of the Act against booking of flat before the due date of filing of return under section 139(4) of the Act. The Assessing Officer and the Learned CIT(A) has denied the deduction on two grounds. Firstly, the […]

Mere Vague Air Information of Cash Deposit Not Sufficient to believe Escapement of Income

February 10, 2021 3165 Views 0 comment Print

Harmeet Singh Vs ITO (ITAT Delhi) At the time of hearing, Ld. Counsel of the assessee has only argued the legal ground and stated that the reopening action of the AO and confirmation thereof by the Ld. CIT(A) is in violation of mandatory jurisdictional conditions stipulated under the Act. It was further stated that the […]

Delhi School was allowed to claim carry forward of losses

February 9, 2021 951 Views 0 comment Print

Adjustment of deficit of current year against income of subsequent year would amount to the application of income of the trust for charitable purposes in subsequent years within the meaning of section 11(1)(a).

Purchases not become Bogus merely for non-production of Parties

February 8, 2021 2166 Views 0 comment Print

ACIT Vs. M/s GTM Builders & Promoters Pvt. Ltd. (ITAT Delhi)  As per accounting standards AS-7, the purchases and working progress have to be reconciled along with architect report. The AO has not rejected the books of accounts and accepted the book profits while making the addition. The Assessing Officer’s observation that none of the […]

Section 68 addition cannot be made merely for Low Income of Creditor

February 5, 2021 1749 Views 0 comment Print

Carissa Investment (P) Ltd. Vs ACIT (ITAT Delhi) In this case assessee-company has been able to prove that both the creditors have availability of sufficient funds to give loan to the assessee-company in assessment year under appeal. Merely because income was low declared by both the creditors, is no ground to make the impugned addition […]

SEZ developer eligible for Section 80IAB deduction on Leasing Income

February 3, 2021 8568 Views 0 comment Print

DCIT Vs DLF Assets Pvt Ltd. (ITAT Delhi) The assessee is without doubt a Developer of a SEZ, having been in fact allowed deduction u/s.80-IAB on it’s other income/s, as from service agreements, chargeable u/s. 28. That the said income is assessable as business income, and only rightly so, inasmuch as the source thereof is […]

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