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ITAT Delhi

Commission to Director in terms of Employment is Part of Salary: ITAT Delhi

November 9, 2020 20247 Views 0 comment Print

Commission paid to Director in terms of Employment is Considered as Part of Salary. It is also not disputed that TDS has been deducted on such commission as salary. Accordingly, the Revenue’s appeal is dismissed.

Profit margin disclosed by assessee cannot be rejected arbitrarily

November 9, 2020 747 Views 0 comment Print

The issue under consideration is whether addition made by AO by application of N.P. rate of 8% is justified in law? Profit Margin Cannot be Rejected Arbitrarily due to Rejection of Books of Account

No section 68 Addition in Absence of Primary & Independent Enquiry by AO

November 6, 2020 1611 Views 0 comment Print

The issue under consideration is whether the addition made u/s 68 for assessee helped various beneficiaries in providing accommodation entries in relation to capital and expenses is justified in law?

ITAT Deletes section 14A disallowance made without following procedures

November 6, 2020 1062 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in disallowing managerial and administrative expenses for earning dividend income by treating this as tax free income?

No section 14A disallowance if no exempt income is received during relevant year

November 5, 2020 1623 Views 0 comment Print

ACIT Vs Him Urja Pvt. Ltd. (ITAT Delhi) The assessee has also submitted before the Ld. CIT(A) that as there was no exempt income earned by assessee during the relevant previous year, no disallowance under section 14A could be made. The assessee relied upon Judgment of the Hon’ble Delhi High Court in the case of […]

Section 43B not applicable on electricity duty collected on behalf of Government

November 4, 2020 2319 Views 0 comment Print

Paschimanchal Vidhyut Vitran Nigam Ltd. Vs DCIT (ITAT Delhi) AO noticed that assessee had made assessment of electricity duty of Rs. 5,52,98,00,000/- of which Rs. 3,44,22,00,000/- was adjusted from the subsidy and the balance amount of Rs.2,08,76,00,000/-was not paid by the assessee before filing the return of income. Assessee was asked to justify as to […]

No Section 14A disallowance without Recording Proper Satisfaction

November 4, 2020 864 Views 0 comment Print

The issue under consideration is whether the disallowance made by AO u/s 14A is justified in law? In view of the fact that no proper satisfaction was recorded, in our considered opinion, the Assessing Officer did not acquire any valid jurisdiction for computing disallowance u/s 14A.

NRI expense for business purpose by non-resident bank allowable

November 4, 2020 1221 Views 0 comment Print

Standard Chartered Grindlays Bank Vs ACIT (ITAT Delhi) The assessee is a non-resident banking company which carries on the business of banking and other related activities through its branches in India in accordance with the provisions of Banking Regulation Act, 1949. During the year, Indian Permanent Establishment (in short PE) of the assessee bank in […]

Provision for Mobile Phone Warranty Cannot be disallowed for mere Technology Improvement

November 4, 2020 1023 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in disallowing the provision for warranty of mobile phone merely on the basis of improvement in technology is justified in law?

No cancellation of registration u/s 12AA(3) since inception in absence of cogent material

November 2, 2020 3945 Views 0 comment Print

Order of the PCIT cancelling the registration since inception, u/s 12AA(3) was legally not valid as no material was being referred by PCIT and its applicability to any of the provisions of Section 2(15) and/or Section 12AA(3) while revoking the registration. 

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