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ITAT Delhi

45% profit from educational activities establishes profit motive of trust and exemption U/s. 11 cannot be allowed

May 25, 2018 4149 Views 0 comment Print

Where assessee- trust was earning profit up to 45% from its educational activities, it was clearly proved that it was existed for profit because profit up to 15% could be said reasonable and legitimate, hence, addition was rightly made.

AO cannot pass assessment order U/s. 143(3) against dissolved Company

May 25, 2018 10116 Views 0 comment Print

This appeal by assessee has been directed against the order of the Ld. CIT(A)-22, New Delhi, dated 17th April, 2017, for the A.Y. 2009-2010.

No exemption for one SOP U/s. 23(2)(a) if property was not occupied by the owner

May 25, 2018 11124 Views 0 comment Print

This appeal by the assessee is directed against order dated 15/06/2012 of learned Commissioner of Income-tax (Appeals)-XXXI, New Delhi [in short ‘the CIT-(A)’] for assessment year 2007-08 raising following grounds

Mere allegation by investigation dept not sufficient to prove Bogus Capital gains from penny stocks

May 25, 2018 12702 Views 0 comment Print

Meenu Goel Vs ITO (ITAT Delhi) The assessee has submitted various documentary evidences to prove the genuineness of the transaction of sale and purchase of shares which includes a copy of purchase bill dated 22.02.2010; a copy of share transfer form in the favour of the assessee; Copy of bank statement highlighting the payment made […]

Income from services rendered in connection with domain name registration is assessable as royalty Income

May 24, 2018 4968 Views 0 comment Print

Rendering of services for domain registration is rendering of services in connection with the use of an intangible property which is similar to trademark. Therefore, the charges received by the assessee for services rendered in respect of domain name is royalty within the meaning of Clause (vi) read with Clause (iii) of Explanation 2 to Section 9(1) of Income-tax Act.

Entertainment tax subsidy to meet cost of Multiplex Theater building and Machine is Capital Receipt

May 24, 2018 2907 Views 0 comment Print

All the appeals by the Revenue are directed against different orders of the Ld. CIT(A)- 1, Dehradun, dated 06th February, 2014, for the A.Ys. 2009-2010, 2010-2011 and 2008- 2009.

Addition on the basis of dumb/bald documents not sustainable

May 24, 2018 1608 Views 0 comment Print

This appeal filed by the assessee against the order of the Ld. CIT(A)-XXVI, New Delhi dated 21.8.2017 and pertains to assessment year 2009-10.

ITAT on Addition for difference in TDS Certificate and Return Amount to Income of Assessee following cash method of accounting

May 24, 2018 2250 Views 0 comment Print

ACIT Vs. Rajiv Nayar (ITAT Delhi) The brief facts of the case are that appellant is a senior Advocate of Hon’ble Delhi High Court. He filed his return of income on 30.07.2009 at Rs. 10,77,55,060/-. During the course of assessment proceedings it was found by the ld AO that the TDS certificates shows higher gross […]

Ignorance of law is not excuse and cannot be a ground to avoid tax liability

May 24, 2018 4194 Views 0 comment Print

Whirlpool of India Ltd. Vs. DCIT (ITAT Delhi) In the present case, there is admission on part of the assessee that the quantum of depreciation claim was incorrectly computed at enhanced cost. It is well settled principle that ignorance of law is not excused and cannot be a ground to avoid tax liability. The Assessee […]

Addition for deemed dividend in Section 153A assessment not sustainable in absence of any incriminating material

May 22, 2018 1077 Views 0 comment Print

hese are the three appeals filed by the revenue for Assessment Year 2007-08 to 2009-10. The assessee has filed cross objections in all these appeals making it a bunch of six appeals. All these six appeals involved common grounds pertaining to the respondent and therefore, they are disposed of by this common order.

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