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ITAT Delhi

ITAT delhi deletes Addition of LTCG on Penny stock

July 2, 2020 3390 Views 0 comment Print

Shri Suresh Kumar Agarwal Vs ACIT (ITAT Delhi) ITAT deleted addition made u/s 68 for alleged bogus LTCG of Rs.56,43,084/- on merits holding that Ld AO failed to bring any cogent material in addition to report of Directorate of Investigation Kolkata about Jamakharchi /Penny stock companies and convert its reasons into a fact , thereby […]

Sales Promotion expenses for publicity of brand name allowable

July 1, 2020 10104 Views 0 comment Print

Whether CIT is correct in allowing expenditure on advertisement & sales promotion of product & brand promotion by considering it as Revenue in nature?

Financial Stringency is reasonable cause for Not levying section 221(1) Penalty

July 1, 2020 1581 Views 0 comment Print

Whether CIT(A) is correct in deleting the penalty levied u/s 221(1) by the AO on the ground that assessee has paid the self assessment  after the date of filling of return of income?

Land Purchased for establishing a university – Section 11 Exemption Allowed

June 28, 2020 2325 Views 0 comment Print

Whether the AO was correct in denying the exemption u/s 11 to the assessee against Purchase of Land and FLAT in preparation to establishing a university and not in the nature of any ‘real estate’ operation ?

Section 194H TDS not applies on Bank Guarantee Commission

June 27, 2020 6762 Views 0 comment Print

The issue under consideration is whether TDS under section 194H is applicable from payment of bank guarantee commission to the bank?

No TDS deductible on Reimbursement of USA office Expenses

June 26, 2020 1065 Views 0 comment Print

As per Explanation 2 attached to section 9(1)(vii) of the Act in the case of remittance or reimbursement of expenses where no element of taxable income in India is found, then the question of tax deduction at source does not arise.

No disallowance of interest U/s 14A if assessee’s own capital is more than investments fetching exempt income

June 26, 2020 1986 Views 0 comment Print

No disallowance of interest can be made u/s 14A if the assessee’s own capital is more than the investments fetching exempt income. Similar view has been taken by the Hon’ble Gujarat High Court in the case of CIT vs. Suzlon Energy Ltd. (2013) 354 ITR 630 (Guj).

Capital Gain on Sale of Shares cannot be treated as Income from other Sources on mere Surmises

June 24, 2020 2070 Views 0 comment Print

New Delhi Television Ltd Vs ACIT (ITAT Delhi) On examination of the facts it is apparent that assessee has sold shares which were purchased by it before 13 months of a company and subsequently sold at substantially higher price to the associate concern of the assessee and disclosed the same as capital gain. It is […]

Guarantee Fee cannot be treated as Interest- India-Netherlands DTAA

June 24, 2020 4896 Views 0 comment Print

Lease Plan India Pvt. Ltd. Vs DCIT (ITAT Delhi) In the present case apparently, AE has not provided any capital to the appellant on which income is earned. It is a corporate guarantee , being a surety to the lender bank of the appellant that, if in a case, in future, the appellant fails to […]

No Deemed Dividend on Business transactions via current A/c

June 24, 2020 6318 Views 0 comment Print

Transactions carried out through current account for business purposes would not fall within the definition of Deemed Dividend.  Therefore provisions of Section 2(22)(e) of the I.T. Act, 1961, would not apply.

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