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ITAT Delhi

Bar Council eligible for Registration u/s 12AA & Exemption u/s 80G

July 12, 2020 2460 Views 0 comment Print

The issue under consideration is whether the CIT is correct in rejecting the application filed by Bar Council of Delhi seeking registration u/s 12A (a) of the Income Tax Act?

Business Promotion Expenses for Precious items allowed partially considering nexus with Turnover

July 12, 2020 7932 Views 1 comment Print

The issue under consideration is whether AO and CIT(A) are correct in disallowing the Business Promotional Expenditure declared by the assessee?

Stamp Duty to obtain Business Premises on Lease is Revenue Expense

July 12, 2020 15267 Views 0 comment Print

The issue under consideration is whether the stamp duty paid for obtaining the business premises on lease is deductible under section 37 of the Income Tax Act, 1961?

ITAT allows 60% Depreciation on Computer & Related Software

July 9, 2020 6816 Views 0 comment Print

The issue under consideration is whether the depreciation at the rate of 60% will be allowed for computer related software?

LTCG on sale of land- No exemption on failure to establish that land is agricultural

July 8, 2020 1329 Views 0 comment Print

Assessee has not furnished before AO all necessary evidence so as to establish that land in question was agricultural land only as per provisions of sec. 2(14)(iii)(b) of I.T. Act.

Payment of Foreign Agency Commission not liable for TDS in India

July 7, 2020 2073 Views 0 comment Print

The issue under consideration is whether the TDS will be applicable on payment of Foreign Agency Commission?

No section 68 Addition Merely on Suspicion of Accommodation Entry

July 5, 2020 2094 Views 0 comment Print

The issue under consideration is whether the AO is correct in making the addition u/s 68 of the Act for the Advances received for booking of commercial space?

No section 271(1)(c) Penalty for mere claim of expense under different income head

July 5, 2020 2163 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271(1)(c) merely because the assessee claimed expenditure under a different head of income?

No TDS on Payment Gateway Charges paid by Make My Trip

July 3, 2020 12429 Views 0 comment Print

The issue under consideration is whether the Payment Gateway facilities provided by banks are liable for TDS provisions?

Expense crystallized during the year allowable as Prior Period Expense

July 3, 2020 6513 Views 0 comment Print

According to ITAT, the claim of assessee on account of Pay anomaly of employee crystallized during the year should have been accepted and he, therefore, granted relief to the assessee. Further, they observed that in the order dated 24.12.2009 for assessment year 2006-07 in assessee’s own case, the Tribunal decided that the liability crystallized during the year has to be allowed. Hence, now they do not find anything improper in the approach of the CIT(A) to allow the expenses in respect of which the liability crystallized during the year.

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