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ITAT Delhi

Outstanding Receivables are Part of Working Capital Hence No Separate Benchmarking Required for them

September 19, 2020 1551 Views 0 comment Print

The issue under consideration is whether the addition made on imputing interest on outstanding receivable from associated enterprises as its separate international transaction and its determination of ALP is justified in law?

Section 91: Assessee entitled to foreign tax credit of federal as well as state taxes

September 19, 2020 4161 Views 0 comment Print

Aditya Khanna Vs DDIT (ITAT Delhi) The Income-tax in relation to any country includes Income-tax paid in any part of the country or a local authority. It applies to cases where in a federal structure a citizen is made to pay federal Income-tax and also the State income tax. The Income-tax in relation to any […]

No addition can be made merely on the basis of presumption

September 17, 2020 7527 Views 2 comments Print

Sindhu Trade Links Ltd. Vs DCIT (ITAT Delhi) It can be seen that the assessee company had purchased land at Tifra Bilaspur for Rs. 55,44,800/- including stamp duty and registration charges of Rs. 7,06,705/-. The Ld. DR submitted that as per the observations of the Assessing Officer there are certain purchases of land /properties where […]

No adjustment for notional interest on receivables if taxpayer is debt free

September 17, 2020 2220 Views 0 comment Print

Global Logic India Ltd Vs DCIT (ITAT Delhi) No adjustment is to be made on account of notional interest on receivables by relying upon Explanation (i), (a) & (c) of section 92B by treating the continued debt balance as an international transaction. Moreover when the taxpayer is debt free company, there is no question of […]

Legality of Additions/ denial of TDS Credit u/s 143(1) through non speaking order

September 5, 2020 7353 Views 0 comment Print

ITAT has noted that intimation u/s 143(1) does not contain reasons for denial of TDS credit and it is nothing, but information generated in pro forma by CPC. ITAT has made observation that Intimation not only does not provide reasons but also it does not appear to be result of due examination of the issue by AO.

No section 68 addition if Assessee Proves Identity, Creditworthiness & Genuineness

September 5, 2020 9654 Views 1 comment Print

The issue under consideration is whether the addition made by the AO under section 68 by considering the the amount received as unexplained share capital and premium is justified?

ITAT explains section 244A provisions – Interest on Income Tax Refund

September 4, 2020 30513 Views 0 comment Print

Maruti Suzuki India Ltd Vs CIT (Appeals) (ITAT Delhi) The Honorable Delhi ITAT recently adjudicated an appeal filed in the case of Maruti Suzuki India Ltd vs Commissioner of Income Tax (Appeals)-IX (ITA No. 2553, 2641/Del/2013) wherein the case before the Tribunal was related to the provisions of section 244A of the Income Tax Act. Post […]

Six AYs Counted from Date of Handing over of Assets/Documents to AO for Section 153C Assessments

September 2, 2020 1617 Views 0 comment Print

whether Assessment year in respect of proceedings u/s 153C of the Act to be same 6 years in the case of other person, for which the proceedings u/s 153A is initiated in the case of connected searched person?

Section 153C Assessment order in the Name of Non Existing Entity is Invalid

September 2, 2020 801 Views 0 comment Print

The issue under consideration is whether Assessemnt order u/s 153C issued in the name of Amalgamated Company will be considered as valid?

Depreciation not Disallowable merely for Purchase of car in Personal Name

August 30, 2020 10149 Views 0 comment Print

Whether the depreciation on car purchased by assessee can be disallowed only because the payment towards purchase of the same is made through his personal account?

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