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ITAT Delhi

Appeal not filed by counsel: ITAT condones delay of 125 days

May 19, 2020 792 Views 0 comment Print

B. M. Sarin Vs ACIT (ITAT Delhi) The appeal filed before us is delayed by 125 days. The assessee received the order of the ld CIT(A) on 15.09.2018, however, the appeal was filed on 18.12.2019. The assessee preferred request for condonation of delay stating that when the order of the ld CIT(A) was received, the […]

Depreciation on golf course- Plant & Machinery or Land & Building

May 17, 2020 3507 Views 0 comment Print

Landbase India Ltd. Vs. ACIT (ITAT Delhi) Depreciation on the golf course – Whether depreciation should be allowed considering it as ‘plant and machinery or land or building. Matter: 1. Applicable Rate of Depreciation on Gulf course.  Facts of the case 2. The Assessee is a company engaged in the business of operation of golf […]

No section 68 addition as AO not disputed vortex of evidences furnished by assessee

May 17, 2020 972 Views 0 comment Print

Since neither AO conducted any enquiry nor had brought any clinching evidences to disprove the evidences produced by assessee and assessee had furnished all details including bank statement, share brokers note, ledger account copies, share certificates, in support of purchase and sale of shares and mode of payment and receipts of proceeds thus, no addition could be made under section 68 as AO had merely relied on investigation wing report without disputing vortex of evidences furnished by assessee.

Loss of stock due to fire- AO cannot disallow merely for Insurance

May 15, 2020 14121 Views 0 comment Print

Nikon Systems Pvt. Ltd Vs ACIT (ITAT Delhi) Admittedly, fire occurred during the year, the traded goods of the assessee are lost during the year due to fire. Such traded goods were the stock in trade of the assessee. Undoubtedly, the traded goods were insured with the insurance Co for any loss due to fire. […]

No deemed dividend when Amount advanced & received back on same date

May 14, 2020 564 Views 0 comment Print

When the company got back its funds on the same day, it cannot fall into the definition of the deemed dividend.

ITAT explains diversion of income by overriding title

May 13, 2020 9051 Views 1 comment Print

ACIT Vs Emaar MGF Construction Pvt. Ltd (ITAT Delhi) We find that the assessee is under the obligation to part away with the source of income to the holding company and it was not its volition alone, to give away the revenue that could have been otherwise accrued to them. An agreement entered into by […]

Prior period expenses of fixed assets allowable in the year of crystallisation

May 13, 2020 4785 Views 0 comment Print

The assessee has written off the assets which were not found/traceable and as the assets were scattered over different areas, the entire exercise of listing of such fixed assets got crystallized during the year and hence, the booking of the expenditure under head prior period expenses of fixed assets, merits to be allowed in the hands of the assessee.

Section 80IB deduction allowable only on Income having direct nexus with developing a housing project

May 12, 2020 2667 Views 0 comment Print

The issue under consideration is that whether the disallowance made by the Assessing Officer on account of assessee’s claim for deduction under section 80IB(10) of the Income Tax Act, 1961 in respect of interest received amounting to Rs.11,10,810/- and other income amounting to Rs. 6,36,746/- is correct or not?

Satisfaction note should be recorded separately for assessee searched u/s 132

May 11, 2020 2004 Views 0 comment Print

The assessee challenged the jurisdiction as the Assessing Officer has not given any separate satisfaction for the assessee and only a mechanical satisfaction was recorded.

Registration u/s 12AA cannot be refused for non-starting of charitable activities

May 11, 2020 1962 Views 0 comment Print

In the given case the appeal is filed by the assessee society because their application for registration under section 12AA is rejected by the CIT with the reason that the society is a commercial entity engaged in providing medical services on commercial lines and levying huge fee for the same, without any act of charity.

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