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ITAT Delhi

Mitsui India is not a Dependent Agent Permanent Establishment of Mitsui, Japan

December 4, 2020 1026 Views 0 comment Print

ACIT Vs Mitsui & Co. Ltd. (ITAT Delhi) The facts in brief are that the assessee-company is incorporated in Japan and had a subsidiary in India, Mitsui India Pvt. Ltd. (MIPL). In India, assessee has undertaken several projects in connection with big natural installment and power projects during the relevant year through its project office. […]

ITAT allows credit of taxes paid in UK for remuneration received in UK

December 3, 2020 2238 Views 0 comment Print

Kapil Dev Ranwan Vs DCIT (ITAT Delhi) It is pertinent to note that the assessee was working in UK for more than 183 days which was never disputed by the Revenue at any point of time. Besides this the Revenue authorities are very well aware that the assessee has paid taxes in UK for the […]

Addition by AO not based on any incriminating material, cannot be sustained in orders passed u/s 153A/143(3)

December 3, 2020 2601 Views 0 comment Print

ACIT Vs Moon Beverages Ltd. (ITAT Delhi) Since the additions in the other appeals also are not based on any incriminating material found during the course of search and since we have already held that statements recorded u/s 132(4) are not incriminating in nature, therefore, the addition made by the AO being not based on […]

Reopening on Borrowed Satisfaction Without Application of Mind Invalidates Reasons Recorded By AO

December 2, 2020 3228 Views 0 comment Print

Neel Builders Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the reasons for reopening of the case for the impugned assessment year, copy of which is placed at paper book page No. 20-21 shows that the reopening was made on the basis of the report of the investigation wing and there is no independent […]

Comparables dissimilar in Functionally & Turnover cannot be included by TPO

December 1, 2020 786 Views 0 comment Print

Agilent Technologies India Pvt. Ltd Vs DCIT (ITAT Delhi) With respect to the Infosys technologies it is the claim of the assessee that the turnover of the above company is such a huge turnover that it is not comparable with the assessee company is software development division. For this proposition we look at page number […]

ITAT Allows Depreciation on Capitalised Jamnagar Loni Pipeline & Gandhar Plant Cost to GAIL

December 1, 2020 984 Views 0 comment Print

Gail (India) Ltd. Vs Addl. CIT (ITAT Delhi) The rebuttal of the assessee have been considered thoroughly with the relevant documentary evidences referred therein and placed in the paper book. Considering the facts in totality, we are of the considered view that assessee has successfully commissioned the Jamnagar Loni Pipeline and the LPG Gas Processing […]

Gail allowed section 801/ 80IA deductions on Lean gas Manufacturing / Processing

November 30, 2020 987 Views 0 comment Print

Gail (India) Ltd. Vs DCIT (ITAT Delhi) ITA No. 5775/Del/2014 and ITA No. 5912/Del/2014 are cross appeals by the assessee and revenue preferred against the order of the CIT(A)-LTU, New Delhi dated 28.8.2014 pertaining to assessment year 1998-99. Both these appeals were heard together and are disposed of by this common order for the sake […]

ITAT remands back the issue of Section 271(1)(c) Penalty to AO

November 29, 2020 813 Views 0 comment Print

Fox Mandal & Co. Vs ACIT (ITAT Delhi) It is an admitted fact that despite number of opportunities granted by the Ld. CIT(A), there was no compliance from the side of the assessee for which the Ld. CIT(A) was constrained to decide the appeal exparte and thereafter sustained the penalty levied by the AO u/s. […]

Deduction u/s 54F Not Eligible for Investment Made in two Differently Placed Properties

November 28, 2020 6780 Views 0 comment Print

The issue under consideration is whether the investment made in two different properties out of the capital gains is eligible for deduction u/s 54F?

Revenue Generated from Bookings Made within India Attributable to PE, Hence Taxable in India

November 28, 2020 1536 Views 0 comment Print

The issue under consideration is whether revenue generated from the bookings made within India is the revenue attributable to the PE of the assessee is taxable in India?

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