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ITAT Delhi

Processing fees paid to bank for increase in working capital overdraft facilities is revenue expense

June 1, 2018 1413 Views 0 comment Print

When admittedly there is no capital creation with the loan facilities availed of by the assessee, the working capital overdraft facility cannot be kept under the category of capital expenses, rather working capital overdraft facility is oftenly used to run day-to-day business

Exemption U/s. 11 on Importing, developing & distributing Bar code technology to Business

May 31, 2018 567 Views 0 comment Print

DCIT(E)  Vs GS 1 India Assessee is a society involved in importing, developing and distributing of Bar code technology to be used by various manufacturers and industries which is for the general benefit of public at large. However, during the scrutiny of the return of income of the assessee for the AY 2011-12, AO made […]

No Addition U/s. 68 if Assessee able to Prove identity of creditor, its creditworthiness & genuineness of transaction

May 31, 2018 5166 Views 0 comment Print

ITO Vs M/s. Necleus Steel Private Limited (ITAT Delhi) In this case, assessee received an amount of Rs.67.50 crores from M/s. Unitech Ltd., as advance against the sale of the property. The assessee filed confirmation from M/s. Unitech Ltd., along with its bank statement and acknowledgment of filing of the ITR with balance sheet. The […]

Transactions, cannot be doubted merely because companies have meager income or for mere non-production of director

May 31, 2018 975 Views 0 comment Print

Zion Promoters & Developers (P) Ltd. Vs Addl. CIT (ITAT Delhi) The investment in the share of the assessee company by the above five companies whose directors appeared before the Assessing Officer and whose statements were recorded and full details were filed substantiating the identity and creditworthiness of the investor companies and the genuineness of […]

For Similar Transactions with Related and Unrelated Parties if Price is Comparable, It is taken to be at ALP

May 31, 2018 921 Views 0 comment Print

Axis Risk Consulting Services Private Limited. Vs DCIT (ITAT Delhi) the only dispute before us is with regard to the adjustment by way of imputing interest @ 17.22% by the TPO on account of receivables from the AE. Here in this case, it is an undisputed fact that the assessee has also rendered similar services […]

No penalty for Wrong claim of depreciation by crediting capital subsidy to reserves instead of reducing from actual cost/ WDV

May 28, 2018 1752 Views 0 comment Print

The action of the lower authorities in not following the case laws on the issue and in spite of legal precedents, still not quashing the penalty of Rs. 2,22,240/- is unjust, illegal, arbitrary, illusory and against the facts of the case and thus deserves to be deleted.

Interest received from debtors for late payment of sale proceeds eligible for Deduction U/s. 80-IC

May 27, 2018 6216 Views 0 comment Print

Interest received from debtors for late payment of sale proceeds partakes the character of sale proceeds, and therefore, assessee was eligible for deduction under section 80-IC in respect of such interest.

Reason for reassessment without application of mind if it not specifies that accommodation entries were taken or provided

May 26, 2018 1644 Views 0 comment Print

Challenging the order of the learned Commissioner of Income-tax (Appeals)-IX, New Delhi (for short hereinafter called as “the learned CIT (A)’) in Appeal No.119 of 2011-12 dated 13.08.2014, assessee preferred this appeal.

TDS not deductible on Sim Card & recharge coupon discount

May 26, 2018 1719 Views 0 comment Print

ITO Vs Tarun Sales (ITAT Delhi) ITAT held that Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the BSNL, the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers. The entire sales […]

Search & Seizure: No Incriminating Evidence Found, No Addition Can Be Made

May 26, 2018 1617 Views 0 comment Print

Main arguments of the assessee that the addition and adjustment made to the total income are to be based only on incriminating material found during the course of search fails, then only the other issues in the appeal of the revenue as well as of the assessee will survive.

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