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ITAT Delhi

No addition for other items if addition for reopening of reassessment not survives

August 19, 2020 1065 Views 0 comment Print

Naresh Kumar Garg Vs ACIT (ITAT Delhi) When the grounds for reopening the reassessment do not exist any longer and no additions were ultimately made on that account, the addition in respect of the other items, which were not part of the ‘ reasons to believe’cannot be made. ITAT states that it is evident that […]

ITAT held short Term Capital Loss from a penny stock as Bogus

August 19, 2020 3864 Views 0 comment Print

Shri Sanjay Kaul Vs ITO (ITAT Delhi) Whether the transaction carried out by the assessee and the claim of the short Term Capital Loss is in the normal course of the investment activity of the assessee. We find that the Assessing Officer has referred to investigation done by the Directorate of Investigation, Kolkata, to highlight the […]

No addition for AMP transactions in absence of International Transaction between Taxpayer & AE

August 18, 2020 645 Views 0 comment Print

The issue under consideration is whether addition made on account of Advertisement, Marketing, and Sales Promotion (AMP) transactions is justified in law?

Object beneficial to a section of public is an object of general public utility

August 18, 2020 702 Views 0 comment Print

Delhi Police Education Fund Vs CIT (ITAT Delhi) Assessee argued that the assessee is involved in promoting the post Higher Secondary Education and fulfils the test of Section 2(15) of the Act, the definition of charitable purpose. Ld. DR argued that the assessee’s activities are limited to the wards of the Police personnel. Hence, it […]

Disallowance of rebate/discount to its overseas AEs: ITAT directs AO to verify Agreements/MOUs

August 16, 2020 522 Views 0 comment Print

Bureau Veritas Consumer Products Services (India) Private Limited  Vs ACIT (ITAT Delhi) ITAT held that It is true that the assessee has paid rebate/discount to its overseas AEs. It is equally true that such arrangement has been done through Master Service Agreements (‘MSA’) with various overseas companies (sample JC Penny ) for providing testing and […]

Bad debts due to suspension of NSEL operation allowable as business Loss

August 16, 2020 3768 Views 0 comment Print

Chowdry Associates Vs ACIT (ITAT Delhi) From the entirety of the events, we find that in the assessment year 2014-15, the assessee had made purchases in the middle or last week of June 2013 through M/s Anand Rathi Commodities Ltd. and M/s Philips  Commodities  Pvt.  Ltd.  The NSEL failed to fulfill its commitments and ultimately […]

Civil and Interior Works expense eligible for Depreciation at 10%

August 15, 2020 14100 Views 0 comment Print

Microsoft Corporation (India) Pvt Ltd Vs DCIT (ITAT Delhi) The issue under consideration is whether expenditure on account of civil and interior works liable for depreciation at 10% or at 15%? ITAT states that, they have perused the items of the expenditure which has been reproduced by the assessing officer in the assessment order and […]

Section 153C Order invalid if AO failed to Record Satisfaction Note

August 15, 2020 2685 Views 0 comment Print

The issue under consideration is whether the assessment order passed by the assessing officer under section 153C is bad in law and void ab-initio?

No expense disallowance based on mere Reduction in Revenue sharing

August 15, 2020 924 Views 0 comment Print

whether disallowance of the expenses only on the basis that there was reduction in the sharing of the revenue in comparison to the earlier years is justified in law?

Section 115JB Doesn’t Envisage Enhancement of Taxable Profits by Adding Loss incurred in Redemption of MF

August 14, 2020 1245 Views 0 comment Print

Whether upward adjustment to book profit under section 115JB of the Act, by treating the loss on purchase and redemption of mutual funds as expenditure relatable to earning exempt income is justified in law?

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