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ITAT Delhi

Section 55: AO cannot reject valuation report without proving lesser valuation

June 7, 2020 5130 Views 0 comment Print

DCIT Vs Ajanta Tubes Ltd. (ITAT Delhi) The issue under consideration is whether the A.O. is correct in rejecting the valuation report obtained by the assessee? In the present case, assessee had sold its land and building. Assessee had taken the cost of acquisition for land as per valuation report as at 1-4-1981 as against […]

Final assessment order U/s 144C without issuing draft order is Void-ab-Initio

June 7, 2020 6321 Views 0 comment Print

Nikon India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether the assessment will sustain even if the Assessing Officer ignoring the statutory provisions of section 144C, passed the Final assessment order without issuing draft assessment order to the assessee? In the present case, the Tribunal vide order dated 31.03.2017 remanded the […]

Share transfer without consideration under family arrangement cannot be treated as sham transaction

June 6, 2020 3888 Views 0 comment Print

The issue under consideration is whether A.O. is correct in holding that shares of listed companies received by the appellant company as gift without consideration, as part of internal family realignment amongst members of the family, could not be regarded as valid “gift”, and further considering the same to be sham and colorable transactions?

Same transaction can’t be taxed in the hands of two assessees

June 6, 2020 3477 Views 0 comment Print

ITAT state that the issue where one turnover can be taxed in the hands of two different assessee one being partnership firm M/s. Satyam Builders and another being proprietary concern of the assessee namely satyam Builders. The answer is emphatically No.

If Control & Management rests with individual, then tax must be levied on individual capacity

June 6, 2020 1065 Views 0 comment Print

The issue under consideration is whether the appellant was to be assessed in the capacity of an Association of Person (AOP) or the members of the AOP were assessable to tax separately in their individual capacity?

Maintenance service charges cannot be taxed as House Property Rental Income

June 6, 2020 36810 Views 0 comment Print

The issue under consideration is whether the maintenance service charges is charged under head income from house property along with rent?

ill-health of responsible person is genuine reason for delay in appeal filing

June 5, 2020 4686 Views 0 comment Print

The issue under consideration is whether condonation of delay in filing of the appeal granted for the reason of ill-health of director responsible for decision making?

E-filing of Appeal is Mandatory, Paper format of application not allowed

June 2, 2020 1611 Views 0 comment Print

Since as per amendment made in the law by which the electronic filing of the appeal before the authorities is mandatory, Hence the appeal filed by the assessee will be dismissed by ITAT directing them to file the appeal before CIT(A) in Electronic Form.

ITAT upheld section 69 Addition for cash found in bank locker

May 31, 2020 1578 Views 0 comment Print

The issue under consideration is whether A.O. and CIT is correct in making an addition u/s 69 for cash found during search in bank locker?

Nature of rent Income not changes merely for Agreement Type

May 31, 2020 1077 Views 0 comment Print

Mahle Filter Systems Pvt. Ltd. Vs Add. CIT (ITAT Delhi) The issue under consideration is whether A.O. is correct in treating the ‘rental income’ as ‘income from other sources’? The assessee has disclosed rental receipts from its factory building and after deducting 30% as per provisions of section 24 of the Act, income from house […]

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