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ITAT Delhi

No adverse inference can be drawn on Failure to offer cross-examination of persons whose statements are relied

November 15, 2018 1911 Views 0 comment Print

Failure by the AO to offer cross-examination of the persons whose statements are relied upon means that no adverse inference can be drawn against the assessee.

Purchase & Sale of Group Company share cannot be treated Bogus if same was done to book loss and off-set capital gains

November 12, 2018 1677 Views 0 comment Print

ACIT Vs M/s. R J Corp. Ltd. (ITAT Delhi) The A. O. has made a observation that the short term capital loss has been incurred on share of group companies and such shares have also been sold to group companies in such a manner that the entire shareholding of the investee company remains with the […]

Section 12AA registration cannot be denied by giving vague reasons

November 11, 2018 2736 Views 0 comment Print

Rastriya Saksharta Mission Innovative Technologies Education, Khesra Vs. CIT (ITAT Delhi) Section 12AA of the I.T. Act provides that ‘Pr.CIT or CIT on receipt of an application for registration of a trust or institution under section 12A, shall after satisfying himself about the objects of the trust or institution and the genuineness of its activities, […]

No penalty for delay in TDS return filing due to reasonable cause

November 11, 2018 2748 Views 0 comment Print

M/s. Haryana Distillery Limited Vs JCIT (ITAT Delhi) Section 272A(2)(k) of the I.T. Act provides penalty for failure to deliver or cause to deliver a copy of the statement within the time specified in sub-section (3) of Section 200 or the proviso to sub-section 3 of Section 206(c) of the I.T. Act. Section 273B of […]

Corpus fund cannot be taxed even if registration u/s 12AA has not been granted

November 10, 2018 7404 Views 0 comment Print

Civil Services Institute Vs DCIT (ITAT Delhi) It is observed from communication between assessee and Government of Uttarakhand Department of Culture, Tourism and Games, Dehradun, dated 01/12/14, that funds were released, as ‘corpus fund’ for operation of Civil Services Institute construction at Dehradun. It is also observed that only reason for disallowance of claim of […]

Personal use of expense incurred cannot be attributed without Sufficient Proof

November 8, 2018 5313 Views 0 comment Print

Galgotia Publication (P) Ltd. Vs ACIT (ITAT Delhi) The present assessee before us is a company and is an entity recognised by law, as a legal person, that exist in eyes of law independently with rights and liabilities. Thus no element of personal expenses by the Directors/Office bearers can be attributed, without, there being sufficient […]

Mere Sharp share price movement not enough to infer that assessee manipulated share price

November 5, 2018 786 Views 0 comment Print

Arun Kumar Vs ACIT (ITAT Delhi) The ld AO has not brought any evidence on record to show that these agencies have alleged any stock manipulation against the assessee and or the brokers and or the Company. In absence of any evidences it cannot be said that merely because the stock price moved sharply, the […]

S. 153C List of shareholders maintained by company cannot be said to be belonging to such shareholders

November 5, 2018 780 Views 0 comment Print

DCIT Vs Esteem Textiles P. Ltd. (ITAT Delhi)  Evidently, AO on the basis of a letter written by the company, which was returned by the assessee by putting its signature and seal in confirmation of the accounts, had framed the assessment under section 153C. However, the said document could not be said to belong to […]

House Property which cannot be let out is not taxable on notional basis

November 2, 2018 1737 Views 1 comment Print

Jagat Singh Vs ACIT (ITAT Delhi) Ld. AR submitted that assessee owned two properties, first property is a farm house situated at Dera Mandi, New Delhi and second property is Gobind Mension, Bharatpur. It is submitted that farm house situated at Dera Mandi, New Delhi is self occupied property, and second property at Bharatpur is […]

Gain on Sale of Mutual Fund is Capital Gain: ITAT Delhi

October 30, 2018 822 Views 0 comment Print

ACIT Vs Sunil Bakht (ITAT Delhi) The holding period of the assessee is minimum of 72 days and maximum of 186 days in the four schemes. The assessee contended before the ld CIT(A) that these are the only four transactions during the year. Magnitude of the investment coupled with the volume is also not much. […]

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