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ITAT Delhi

Identity of Company can’t be suspected merely because Director was not traceable

July 2, 2018 1266 Views 0 comment Print

M/s. Prayag Polytech Pvt. Ltd Vs ACIT (ITAT Delhi) We find that evidences which have been furnished by the assessee have not been discussed; and if the Director has not been found then it cannot be said that identity of the company is not established especially in wake of income tax records and share allotment […]

Deduction U/s. 10AA cannot be denied in in 3rd year by examining factors which were required to be seen in first year

July 1, 2018 1842 Views 0 comment Print

Macquarie Global Services Vs DCIT (ITAT Delhi) Once the claim of deduction u/s 10AA has been accepted in the first year of the operations and also in the second year, then in the third year same cannot be withdrawn by examining the factors which were required to be seen in the first year of the […]

Penalty U/s. 271B not leviable if Assessee had Bona fide belief that accounts not liable for audit U/s. 44AB

July 1, 2018 4125 Views 0 comment Print

United Education Society Vs JCIT (ITAT Delhi)  Undisputedly, the assessee society is registered under section 12A of the Act as a charitable trust engaged in charitable activities for imparting education through its colleges. It is also not in dispute that the assessee society has been claiming exemption under section 11 of the Act on the […]

Restrictive provision of section 80 does not apply to 153A return

July 1, 2018 2166 Views 0 comment Print

ACIT Vs M/s. Splendor Landbase Limited (ITAT Delhi) It is seen that section 153A starts with Non obstante clause which inter alia overrides the provisions of section 139. This shows that return filed under section 153A is a separate return. Ld. AR relied upon the judgment of Jurisdictional High Court of Delhi in the case […]

UPS is Integral part of Computer and eligible for 60% Depreciation

June 30, 2018 15984 Views 0 comment Print

The aforesaid appeal has been filed by the Revenue against the impugned order dated 12.09.2014, passed by the Ld. CIT(Appeals)-XX, New Delhi for the quantum of assessment passed u/s.144C(3) for the Assessment Year 2007-08. In the grounds of appeal, following grounds have been raised.

ITAT on Genuineness of Gift of Shares by A Company to other Group Company

June 30, 2018 9174 Views 0 comment Print

That the order passed by Assessing Officer (‘AO’) dated 30.12.2016 as upheld by the Commissioner of Income Tax (Appeals) (‘CIT(A)’) dated 29.12.2017 and the additions/disallowances made and upheld are illegal, bad in law and without jurisdiction.

Claim though ineligible in law but based on CA certificate does not amounts to making false claim

June 30, 2018 879 Views 0 comment Print

ITAT held that, if book profit and tax payable u/s 115JB was based on certificate issued by Chartered Accountant then it cannot be held that, assesses claim was not bonafide or it has furnished inaccurate particulars of income, penalty so levied deleted.

Disallowance U/s. 14A not applicable on investment on which dividend received is chargeable to tax but allowed Rebate under DTAA

June 29, 2018 1419 Views 0 comment Print

Investments on whom dividend received, though chargeable to tax but allowed as rebate in view of DTAA agreement cannot be included for the purpose of computing disallowance u/s 14A of Income Tax Act.

Deduction U/s. 80IA not available on interest on FDR by a company engaged in providing infrastructure facilities

June 29, 2018 2160 Views 0 comment Print

The assessee company was engaged in the business of Developing, Maintaining and Operating of Infrastructure Facilities. Return declaring an income of Rs. 29,53,100/- was filed on 30/09/2009. The same was processed u/s 143(1) on 13/09/2010. Case was selected for scrutiny under CASS and notice u/s 143(2) was sent on 20/08/2010.

Amount forfeited due to breach of lease contract is allowable Business expenditure

June 29, 2018 6531 Views 0 comment Print

Security deposit for taking office space on lease and subsequently terminating the agreement due to business consideration was a business decision and loss on account of forfeiture of security deposit had occurred in the course of business and was, therefore, allowable.

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