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ITAT Delhi

No TP adjustment for delayed receivables if Same is already been factored in working capital adjustment

November 21, 2020 1260 Views 0 comment Print

Barco Electronic Systems (P) Ltd. Vs DCIT (ITAT Delhi) We have noted that the assessee is not charging interest on overdue debts from the third parties and also the assessee is a debt free company and not paying any interest on funds utilized is business. We have also noted that the assessee company has a […]

ITAT excludes comparable having turnover more than 31 to 62 times

November 21, 2020 591 Views 0 comment Print

Transcend MT Services Pvt. Ltd. Vs DCIT (ITAT Delhi) Assessee has also argued for exclusion of Infosys BPO Ltd, which is having the turnover more than 31.29 times, and TCS E serve Ltd having turnover of 62 times larger than the assessee does. Therefore, for the reasons given by us for exclusion of I gate […]

ITAT Sustains Addition for Cash Gifts Received for Marriage, Anniversary & Cancer Treatment from Relatives as evidence was absent

November 20, 2020 1110 Views 0 comment Print

The issue under consideration is whether addition made by AO for the cash gifts found in search which is received at the time of marriage and anniversary and cash for cancer treatment is justified in law?

Section 10(34) & 10(38) exemption on dividend & LTCG of VCU earned by SARA Fund

November 19, 2020 6096 Views 0 comment Print

Japan International Co-operation Agency (JICA) Vs ACIT (ITAT Delhi) A.O. as well as Ld. CIT(A) have taken a wrong view by holding that the assessee cannot grow tax-free income u/ss 10(34) and 10(35) of the Acts unless additional tax has been paid as per the provisions of Sections 115-0 and 115-R of the Act and […]

Method of Accounting Can’t be Rejected u/s 145 Without Examination of Books

November 18, 2020 2460 Views 0 comment Print

The issue under consideration is whether rejection of method of accounting under section 145 without even examination of books of assessee is justified in law?

To acquire section 153C Jurisdiction, Documents Seized must be Incriminating

November 16, 2020 2187 Views 0 comment Print

The issue under consideration is whether to acquire jurisdiction under section 153C is it require that the seized documents must be incriminating and must relate to the assessment year whose assessment were sought to be reopened?

Section 68 Addition Justified for Unexplained Gifts Received from Non-Related Donor

November 12, 2020 1980 Views 0 comment Print

The issue under consideration is whether the CIT (Appeals) has grossly erred in confirming the addition as made by the Assessing Officer (AO) on account of gifts u/s 68? Addition u/s 68 Justified for Unexplained Gifts Received from Non Related Donor.

Booking fees received from Airlines is business income: ITAT Delhi

November 12, 2020 1095 Views 0 comment Print

ITAT Delhi decision on Amadeus IT vs. Asstt. DIT. CRS income, PE attribution, and distribution fee. Assessing Officer’s findings challenged.

Intermediary services not amount to FTS & not taxable under India-Sweden DTAA

November 9, 2020 1041 Views 0 comment Print

Bombardier Transportation Sweden AB Vs DCIT (ITAT Delhi) Conclusion: Payment of consideration would be regarded as ‘fee for technical/included services’ only if the twin test of rendering services and making technical knowledge available at the same time was satisfied. Intermediary services rendered by assessee did not make available any technical knowledge, skill etc to BTIN […]

Additions in reopened Assessment not valid if no addition on subject matter of reopening

November 9, 2020 6483 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment is valid even if there is no addition on subject-matter being basis for issuing notice under section 148, rather AO made addition on other counts?

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