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ITAT Delhi

S.132(4A): Additions based on passbook found in custody of assessee, who operates such account, is duly valid

January 9, 2016 625 Views 0 comment Print

ITAT Delhi held In the case of Kapoor Singh vs. ACIT that the assessee has not disputed the bank pass book of Shri Sube Singh which was found at his residence during search and seizure operation, neither has he controverted the AO’s finding to the statement of the Bank Manager given in writing that most of the payments have been made by Shri Kapoor Singh and his sons.

ITAT explain difference between Corporation by and under an Act while considering TDS on Interest to Noida

January 9, 2016 9387 Views 0 comment Print

The assessee, a Branch of Canara Bank, made interest payment of Rs.201,000,000/- to New Okhla Industrial Development Authority (herewith ‘NOIDA’), a creation of the UP Industrial Area Development Act, 1976, without withholding any tax at source.

If business of comparable company & assessee remains unchanged from last year, the company can’t be held incomparable in current year

January 7, 2016 679 Views 0 comment Print

In the case of Eli Lilly & Co. (India) Pvt. Ltd. Vs. ACIT Delhi bench of ITAT have held that as there is no change in the facts for the instant assessment year, the AO/DRP is directed to include EDCIL (the company excluded by TPO) in the final set of comparable companies.

Reasons to reopen assessment must be tangible & should not merely be based on Investigation wing’s report

January 6, 2016 1102 Views 0 comment Print

Raj Hans Towers Pvt. Ltd. -Vs- ITO (ITAT Delhi) There is no tangible material, which come to the possession of the AO to lead to the conclusion that there was an escapement of income from assessment.

ITAT remitted the matter to AO where no verification of documents filed under rule 46A was sought

December 31, 2015 586 Views 0 comment Print

The return of income was filed on 31.10.2005 at an income of Rs. 4,04,020/- for AY 2005-06. During the course of assessment proceedings, the AO took note of the fact that the assessee and his wife purchased property at front and rear side of portion at ground floor for a consideration of 40 Lakh each and 3,20,000 was paid as stamp duty on each portion.

DRP cannot absolve from its duty without going into merits of contention of assessee while deciding comparability

December 31, 2015 678 Views 0 comment Print

In the case of M/s. Equant Solutions India Pvt. Ltd. Vs. ACIT Delhi Bench of ITAT remanded back the matter and held that DRP has not met the contention of the assessee in respect of inclusion/exclusion of comparable in its order.

Interest on delayed payment in connection of acquisition of property is allowed u/s 24 (b)

December 31, 2015 1856 Views 0 comment Print

ITAT Delhi held In the case of Wel Intertrade Pvt. Ltd. vs. ITO that there is no dispute that for purchasing the property at Munirka for a consideration of Rs.9,37,33,600, the assessee had taken loan from HDFC Bank for Rs.6.50 crores on which the authorities below have allowed the interest paid by the assessee.

TP: Companies in production & sale of software products cannot be compared with those in development of software on contract basis

December 31, 2015 2116 Views 0 comment Print

ITAT Delhi held In the case of Avaya India (P) Ltd. vs ACIT that a perusal of the annual report of company reveals that the said company has made income from sale of license to the tune of more than Rs.1 crore,

Exemption u/s 10A available on undisclosed income surrendered during survey proceeding u/s 133A

December 30, 2015 1137 Views 0 comment Print

M/s Bridal Jewellery Mfg. Co.Vs. ITO (ITAT Delhi) In the present case, it is an admitted fact that the assessee was engaged in the manufacturing of jewellery, during the process of manufacturing on behalf of the customers

Migration from one phase to another would not result in transfer of license awarded in Phase I

December 29, 2015 484 Views 0 comment Print

The ITAT Delhi in the case of Digital Radio Broadcasting Ltd. held that the migration from one phase to another phase cannot be considered as transfer of license awarded under phase I particularly when the license agreement restrict any type of transfer or assignment of license or rights thereunder.

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