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ITAT Delhi

Notice/ order on dead person/ wound-up company is a nullity if department is made aware of the same

June 29, 2018 5001 Views 0 comment Print

This appeal by the assessee is directed against order dated 30/01/2017 passed by the Deputy Commissioner of Income-tax Circle 2(2)(2) (International Tax), New Delhi (in short the Assessing Officer) in pursuant to order of the Ld. Dispute Resolution Panel (DRP) for assessment year 2012-13. The grounds of appeal raised by the assessee are reproduced as under

TDS not deductible on service tax component on rent

June 28, 2018 1062 Views 0 comment Print

Transocean Offshore Deepwater Drilling Inc. Vs Addl. CIT (ITAT Delhi) CBDT itself in two of its circulars. In Circular No. 4/2008 dated 28th April 2008 it was clarified that Service tax paid by the tenant doesn’t partake the nature of income of the landlord. The landlord only acts as a collecting agency for Government for […]

Provision for warranty expenses for ascertained liabilities calculated on technical estimates deductible

June 28, 2018 12198 Views 0 comment Print

Huawei Telecommunication (India) Company Pvt Ltd, Vs ACIT (ITAT Delhi) In the trading and installation services of the telecom equipment, The assessee provides warranty to the buyers. As part of the contract with the customers, it is required to provide warranty services by way of repair and replacement for a predefined period. The obligation of […]

Exemption claimed cannot be denied for mere wrong Punching in ITR due to Oversight

June 28, 2018 3345 Views 0 comment Print

The appeal by the assessee is directed against the order dated 09.03.2017 of the learned CIT(A)-40, Delhi. Following grounds have been raised in this appeal

Hostel, mess and transport facility surplus cannot be considered as business income if these are incidental to the main object of the Society

June 27, 2018 4788 Views 0 comment Print

1. These are the appeals filed by the assessee against the order of the ld CIT(A)-IV, Kanpur dated 21.09.2017 for the Assessment Year 2008-09 to 2010-11.

Profit from share is assessable as business Income in case of short duration of holding of shares and lack of clarity in account books

June 27, 2018 1212 Views 0 comment Print

Facts of the case, in brief, are that the assessee is an individual and derives income from capital gain and other sources. She filed her return of income on 24.08.2011 declaring total income of Rs.8,60,074/-. During the course of assessment proceeding, the Assessing Officer observed that the assessee has sold share of M/s J.T.

Transport facility by School is incidental to main object of education

June 26, 2018 3276 Views 0 comment Print

Challenging the order dated 02.03.2015 in Appeal No 98/13-14/GZN/63 for the assessment year 2010-11 passed by the learned Commissioner of Income-tax (Appeals), Muzaffarnagar (for short hereinafter called as the learned CIT(A)), the assessee preferred this appeal.

Penalty U/s. 271AAA cannot be levies if No search has taken place at assessee’s premises

June 25, 2018 1035 Views 0 comment Print

Facts of the case, in brief, are that the assessee is a company and filed its return of income on 26th March, 2013 declaring total income of Rs.2,12,72,940/-. A search and seizure action u/s 132 of the I.T. Act was carried out at the business premises of M/s. Aggarwal Associates and Jainco Group of cases and their relatives on 19.10.2011.

Disallowance for personal use of Car cannot be made for mere non maintenance of log book

June 25, 2018 4548 Views 0 comment Print

Where the cars were used by the society for its work of school, and these cars were used for various purposes, such as, liaisoning with DIOS and CBSE Board, etc, such contentions had not been refuted with any cogent evidence, by AO therefore, no disallowance was to be made.

Jewellery cannot be treated as unexplained merely for continuance of sale jewellery for years

June 25, 2018 1752 Views 0 comment Print

The aforesaid appeal has been filed by the assessee against the impugned order dated 25.11.2014 passed by Ld. CIT (Appeals)-XXX, New Delhi for the quantum of assessment passed u/s.143(3)/153A for the Assessment Year 2011-12. In the grounds of appeal, the assessee has raised the following grounds.

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