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ITAT Delhi

Registration U/s. 12AA cannot be denied for mere failure to produce original copy of MoA

September 3, 2018 576 Views 0 comment Print

The Managing Committee Aminia Muslim Girls School Vs Pr. CIT (Exemption) (ITAT Delhi) The Ld. CIT(E) declined the registration and approval u/s 12AA and Section 80G respectively, on the sole ground that, the applicant has not filed requisite details as well as MoA for verification, so as to establish the nature and genuineness of the […]

Disallowance U/s. 40A(2)(b) not justified without proving that expense incurred by assessee is excessive

September 3, 2018 5763 Views 0 comment Print

ITO Vs Media Satellite & Telecom Ltd, (ITAT Delhi) In this cse AO could not show that the expenditure incurred by the assessee is excessive or unreasonable providing market comparative price with respect to the fair market value of the goods. The ld AO could not show that without offering the discount the goods are […]

Remuneration to Chairman of Govt Company is Business Expense

September 2, 2018 1422 Views 0 comment Print

DCIT  Vs Garhwal Mandal Vikas Nigam Ltd. (ITAT Delhi) It was observed that as per the Memorandum of Association/Article of Association the Chairman is appointed by the governor of Uttarakhand for such period and upon such terms and on such remuneration, if any, by way of salary or honorarium as the governor may think fit. […]

Merely because Agricultural land is declared as industrial land same cannot be held to be a capital asset

September 1, 2018 4467 Views 0 comment Print

ITO Vs Meera Thapa (ITAT Delhi) Assessee has sold agricultural land as it has been proved by the certificate of Tehsildar and other land records. He further held that merely because the land is declared as industrial land same cannot be held to be a capital asset and capital gain cannot be charged on sale […]

In absence of accumulated profit, section 2(22)(e) cannot be invoked

August 30, 2018 3912 Views 0 comment Print

ACIT Vs Sanjay Passi (ITAT Delhi) We are of the considered view that Ld. CIT(A) has rightly observed that AO has wrongly made the addition u/s. 2(22)(e) by holding that there are accumulated profits in the hands of M/s Robin Software Pvt. Ltd. Ld. CIT(A) has also noticed that the AO has completed the assessment […]

Mere charging of fee from student would amount to uncharitable activity

August 29, 2018 3744 Views 0 comment Print

Rama devi memoria society Vs Jcit (ITAT Delhi) Ld. CIT(A) while denying the exemption of Section 11 to assessee society has held that, since imparting of education is a matter of pure charity, therefore, the educational institution is not permitted to receive or recover the cost of charity from its beneficiary by way of fees, […]

Annual expenses on WAN and & local hardware are allowable as revenue expenditure

August 29, 2018 537 Views 0 comment Print

ACIT Vs M/s Linde Engineering India Pvt. Ltd. (ITAT Delhi) Assessee incurred license expenses towards WAN and local hardware, annual fee which has been treated by Assessing Officer to be capital expenditure. It is observed that assessee has to incur these expenses annually on which tax has been deducted. Assessee claimed license expenses of 49,62,461/- […]

TDS not deductible on payments on behalf of clients as C&F Agent

August 28, 2018 20196 Views 0 comment Print

M/s. KGL Network (P) Ltd. Vs ACIT (ITAT Delhi) Assessee-company made payments on behalf of its clients as Clearing and Forwarding (C&F)Agent which were reimbursed to the assessee-company. The  assessee-company did not make claim of deduction in the P & L A/c. Similar claim of assessee-company has been allowed in earlier and subsequent year, therefore, rule […]

Sec. 271(1)(c) Penalty not justified merely for disallowance of claim

August 28, 2018 17856 Views 1 comment Print

Jain Studios Ltd. & Anr. Vs DCIT (ITAT Delhi)  Mere making of a claim which had not been accepted, would not per se tantamount to furnishing of inaccurate particulars to attract penalty proceedings under section 271(1)(c) of Income Tax Act, 1961. Bare perusal of explanation furnished by the assessee went to prove that it had come up […]

Penalty U/s. 158BFA(2) not leviable when Assessment U/s. 158BC itself is Quashed

August 27, 2018 777 Views 0 comment Print

Sh. Ravinder Taneja Vs ACIT (ITAT Delhi) As assessment under section 158BC itself has been quashed, thus, the penalty levied in respect of the income assessed under said assessment order cannot survive. Accordingly, we set aside the order of the lower authorities and cancel the penalty levied under section 158BFA(2) of the Act. FULL TEXT […]

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