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ITAT Delhi

Assessment without Section 143(2) notice is not justified in law 

May 27, 2020 2475 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct by annulling the assessment order on the ground that no notice under section 143(2) was issued before the completion of assessment?

Assessee eligible for TDS deducted on Income collected on behalf of Govt.

May 27, 2020 1089 Views 0 comment Print

The issue under consideration is whether A.O. is correct in denial of credit of TDS on rental income collected by the appellant under an agreement on behalf of Government?

Hostel Facility by Charitable Educational Trust cannot be held as business

May 27, 2020 3801 Views 0 comment Print

Harish Chand Ram Kali Charitable Trust Vs ACIT (ITAT Delhi) The issue under consideration is whether the CIT(A) is correct in concluding that the hostel running activity is a business activity? The assessee society was established with the aim to impart education and other charitable activities covered under section 2(15) of The Income Tax Act. […]

Bonus allocated to Policyholders – Tax Treatment- ITAT Judgment

May 24, 2020 3135 Views 0 comment Print

Max New York Life Insurance Company Ltd. Vs DCIT (ITAT Delhi) 1. This is an appeal filed by the assessee against the order of the ld CIT (A)-22, New Delhi dated 15.11.2017 for the Assessment Year 2014-15. 2. The assessee has raised the following grounds of appeal:- “1. That on the facts and circumstances of […]

ITAT upheld addition for Tax Evasion by misuse of Client Code Modification

May 21, 2020 1164 Views 0 comment Print

Nirmala Devi Vs ITO (ITAT Delhi) In the given case, the Investigation Directorate, Ahmedabad carried out survey u/s 133(A) to examine the misuse of Client Code Modification for tax evasion. The client code of the assessee was SS 493 & as per the Assessing Officer the error by the operator could be in the form […]

Long outstanding liability cannot be treated as ceased liability & added back u/s 41(1)

May 21, 2020 2043 Views 0 comment Print

HPL Additive Ltd Vs DCIT (ITAT Delhi) The issue under consideration is whether the addition made by A.O. u/s 41(1) treating the outstanding as cessation of liability is justified in law? During the course of scrutiny assessment proceedings, assessee was asked to furnish complete details of sundry creditors. After perusing the details, AO noticed that […]

Revisionary proceedings u/s 263 against reassessment proceedings are confined to reasons recorded u/s 148

May 21, 2020 2262 Views 0 comment Print

The reasons recorded for reopening of the assessee are very foundation of the reassessment proceedings. However, same analogy can also be applied in ongoing ‘Limited Scrutiny’ in which the AO has been directed to examine the only specified limited issues and this stand of the assessee can ignite the litigation.

Principle governing identification of comparable transactions would be same, irrespective of TP method

May 20, 2020 1149 Views 0 comment Print

Comparison of activities undertaken /functions performed was important for determining the comparability between controlled and uncontrolled transactions/entity.

Passing ex-parte order without discussing merit of case is not justified in law

May 20, 2020 6579 Views 0 comment Print

Bimla Devi D/o. Shri Phool Chand Vs ITO (ITAT Delhi) The issue under consideration is whether the ex-parte order passed by CIT(A) without discussing merit of the case is justified in law? ITAT studied the matter and state that it is pertinent to note that the CIT(A) has passed ex-parte order and dismissed the appeal […]

Reduction in price of stock-in-trade while computing business income allowable

May 19, 2020 2547 Views 0 comment Print

ACIT Vs PNB Gilts Ltd. (ITAT Delhi) The issue under consideration is whether diminution or reduction in price of the stock-in-trade can be allowed while computing business income? In the given case, the assessee, PNB Gilts Ltd is a Non-Banking Financial Company (NBFC), filed its return of income declaring total income. The return of income […]

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