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ITAT Delhi

Business promotion expenditure incurred during the course of business is allowable expenditure

May 27, 2023 4728 Views 0 comment Print

ITAT Delhi held that business promotion expenditure incurred for improving the visibility of the brand and sale of the products is routine expenses incurred during the course of the business. Accordingly, the same is allowable expenditure.

Assessee being a local authority is not chargeable to Income tax

May 27, 2023 2850 Views 0 comment Print

ITAT Delhi held that the assessee (M/s. Cane Development Council Titawi) being a local authority are not chargeable to tax in terms of section 10(20) of the Income Tax Act.

Order passed against a non-existing company is liable to be quashed

May 27, 2023 1104 Views 0 comment Print

ITAT Delhi held that the assessment order passed against a non-existing company is void ab initio and hence liable to be quashed.

Addition sustained as onus not discharged by the assessee

May 27, 2023 1281 Views 0 comment Print

ITAT Delhi held that addition sustained as onus to prove genuineness of the transaction is not proved by the assessee.

Taxing under capital gain can be burdened only when cost of acquisition is established

May 27, 2023 2247 Views 0 comment Print

ITAT Delhi held that to burden assessee with capital gain arising out of transfer of immovable property or an interest in it, the cost of acquisition is necessarily to be established. Here, cost of acquisition of so called right of preemption is considered as NIL. Hence, computation provisions fail, therefore capital gains could not have been calculated.

Withdrawing benefit of TDS on advance rent received unjustified: ITAT Delhi

May 25, 2023 2751 Views 0 comment Print

ITAT Delhi held that the revenue authorities are not entitled to appropriate the taxes which have been paid in excess of the due taxes to be paid by the assessee. Accordingly, reducing refund by withdrawing benefit of TDS on advance rent received is unjustified.

TDS provisions not applicable on Year end Provisions in absence of ascertainable amount & identifiable payee,

May 25, 2023 20451 Views 0 comment Print

ITAT held that in the absence of an ascertainable amount and identifiable payee, the machinery provisions of recovering tax deducted at source falls flat

Approval accorded u/s. 153D without application of mind is unenforceable in law

May 25, 2023 2223 Views 0 comment Print

ITAT Delhi held that hollow and cosmetic approval accorded under section 153D of the Income Tax Act without application of mind is unenforceable in law and hence liable to be quashed.

Reassessment merely based on information received from investigation wing is bad in law

May 25, 2023 4062 Views 0 comment Print

ITAT Delhi held that reopening of assessment proceedings merely on the basis of information received from the investigation wing is invalid and bad in law and hence liable to be quashed.

Deduction towards bad debts written off available as part of sales amount not received

May 25, 2023 2301 Views 0 comment Print

ITAT Delhi held that assessee would be entitled for deduction on account of bad debts written off as part of the sales amount is not received.

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