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ITAT Delhi

Tax on Enhanced Compensation for Compulsory Acquisition of Agricultural Land

April 29, 2019 20457 Views 1 comment Print

Shri Baldev Singh Vs ITO (ITAT Delhi) We have gone through the orders of the authorities below in the light of the arguments on either side and the decisions of the Hon’ble Apex Court cited above. In the case of Ghanshyam (supra), the Hon’ble Supreme Court held in unequivocal terms that the additional amount u/s […]

Material Seized from third party cannot be said to belonging to Assessee for mere mention of his name

April 29, 2019 2472 Views 0 comment Print

DCIT Vs Esteem Textiles P. Ltd. (ITAT Delhi) Where AO had framed assessment under section 153C against assessee on basis of a list unearthed pursuant to a search and seizure operation at the premises of a third party, containing name of assessee as an investor, the assessment order was quashed because the said document could […]

Addition of bogus share capital merely for non- production of directors unjustified

April 25, 2019 1389 Views 0 comment Print

Addition under section 68 on account of bogus shre capital was unjustified as the identity and creditworthiness of share subscribers and genuineness of receipt of share capital stood established and non-production of directors of subscriber companies could not be a sole ground to make addition.

ITAT condones Appeal filing delay due to fault of CA

April 17, 2019 1383 Views 0 comment Print

Akshay Jain Vs DCIT (ITAT Delhi) Appeal of the assessee is barred by limitation by 12 days for which the assessee has filed an application for condonation of delay stating that after receiving of the order of the ld. CIT (A) on 22.03.2018, assessee has duly handed over the same to his Chartered Accountant, Shri […]

Transfer Pricing Case Analysis on Inclusion / Exclusion of comparables

April 17, 2019 4494 Views 0 comment Print

Beam Global Spirits & Wine (India) Pvt. Ltd. Vs. DCIT (ITAT Delhi) Brief of assessee’s facts: 1. Beam India (the assessee), a wholly owned subsidiary of Beam USA, was engaged in the production and sale of alcoholic beverages in India. 2. During AY 2008-09, the assessee entered following ITs with its AE along with outcome […]

No disallowance u/s 14A in absence of exempt income

April 15, 2019 4152 Views 0 comment Print

In the present case, AO noticed investments made by assessee-company and invoked section 14A leading to disallowance whereas assessee claimed that no dividend income earned during the year under consideration. It was held since assessee-company did not have any dividend income and it had strategic investment therefore no disallowance under 14A could be made.

LTCG tax payable on Transfer of client relationship & goodwill by CA firm

April 14, 2019 4770 Views 0 comment Print

M/s. J.C. Bhalla & Co. Vs Addl. CIT (ITAT Delhi) Conclusion: Assessee-firm was entitled to claim deduction claim under Section 54EC as assessee had made an investment in the specified bonds and capital gain had arisen to the assessee from transfer of client relationship and goodwill which was long-term capital asset under section 2(14) chargeable […]

Deduction u/s 80IC allowable in absence of splitting or reconstruction of existing business

April 13, 2019 2199 Views 0 comment Print

Since assessee had not transferred any old machinery from the existing unit to new unit and the transactions of purchase of raw material from the existing unit were at arm’s length price, deduction u/s 80IC was allowable as there was no splitting up or reconstruction of the business already in existence at Noida Unit. 

TDS u/s 194H not deductible on discount to prepaid card distributors for SIM card supply

April 12, 2019 1134 Views 0 comment Print

Section 194 H was applicable on on the discount allowed by assessee to the prepaid card distributors in respect of supply of SIM card/Recharge vouchers (SIM/RV).

Activities of Trust cannot be termed as Commercial for mere Surplus earned by it

April 8, 2019 1017 Views 0 comment Print

DCIT Vs Ernet India (ITAT Delhi) Though assessee was charging subscription as well as consultancy fees on actual, the same did not result in to the conclusion, that it was carrying on its activities which could be termed as business, trade, or commerce. FULL TEXT OF THE ITAT JUDGEMENT The present appeal has been filed by revenue […]

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