ITAT Delhi

TDS on Payment made to jewellery market exhibition for stall at exhibition

OTM Jewellery (P) Ltd. Vs ITO (ITAT Delhi)

Where basic evidence to prove the contention of assessee was contract between assessee and organizers, which assessee failed to produce before AO and contentions as raised by assessee have not been substantiated through any evidence or material on record, therefore, space was allotted to assessee for carrying out its business activities a...

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Addition of Fabricated Agricultural Income as Income from Other Sources justified

Shri Parvinder Singh Vs ITO (ITAT Delhi)

णonduct of the assessee in changing stand at different level and claiming lesser agricultural income before the authorities below would clearly show that authorities below were very reasonable in estimating the agricultural income at Rs.14 lacs, though the assessee claimed lesser amount of the same subsequently. Therefore, authorities b...

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Appellant eligible for TDS Credit if he proves deduction of the Same

Mrinal Roy Vs DCIT (ITAT Delhi)

Mrinal Roy Vs DCIT (ITAT Delhi) Once it is established that the tax has been deducted at source, the bar under Section 205 of the Act comes into operation and the revenue is barred from recovering the TDS amount once again from the employee from whose income, TDS amount has been It is pertinent to […]...

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ITAT remands Appeal back to CIT(A) for deciding the same on Merit

Parmanand Sharma Vs ITO (ITAT Delhi)

Parmanand Sharma Vs ITO (ITAT Delhi) ITAT said in their considered opinion once the assessee alleged that his income is not taxable during the provisions of the Act there cannot be any obligation upon the assessee to pay advance tax. ITAT’s view is fortified by the affidavit of the assessee filed before me. I find […]...

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No Tax on Compensation for Compulsory Acquisition of Agricultural Land

Sumesh Kumar Vs ITO (ITAT Delhi)

On agricultural Land no tax is payable when the compensation/enhanced compensation is received by the assessee as their land were agricultural land. The compensation was received in respect of agricultural land belonging to the assessee which had been acquired by the state government....

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No Section 54F exemption on Sale value enhanced under Section 50C

Sunil Miglani Vs DCIT (ITAT Delhi)

It is pertinent to note that the Assessing Officer admitted the claim of the assessee for exemption u/s 54F(1)(b) in respect of investment on long term capital gain but instead of taking actual sale consideration received, has adopted the figure of sale consideration by invoking Section 50C. This is not in accordance with the provision of...

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Section 263 Jurisdiction cannot be assumed by Pr. CIT for making roving enquiries

Arihant Technology Pvt. Ltd. Vs Pr. CIT (ITAT Delhi)

It has been held in various decisions that action u/s. 263 can be taken only when there is lack of enquiry or no enquiry. However, in the instant case necessary enquiry was conducted. Therefore, merely because the Ld. Pr. CIT does not agree with the manner of enquiry conducted by the AO he cannot substitute his own reasons and held the or...

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Business expense allowable against remuneration from partnership firm

Aman Tandon Vs ACIT (ITAT Delhi)

In the given case, the first issue raised by the assessee is relates to the disallowance of business expenses from the remuneration earned by the assessee from the partnership firm assessed as business income u/s. 28 (v) of the IT Act, 1961....

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Trust cannot claim Section 24(a) standard deduction against rental income

Improvement Trust Fatehabad Vs ITO (Exemptions) (ITAT Delhi)

ITAT do not find any merit in this ground of appeal of the assessee. Accordingly we hold that assessee trust is not eligible for standard deduction at the rate of 30% u/s 24 (a) of the act, out of the rental income chargeable to tax in the hands of the assessee....

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No Section 54 Exemption denial for Purchase of new property in the name of son

Bhagwan Swroop Pathak Vs ITO (ITAT Delhi)

The issue under consideration is whether the exemption u/s 54 can be denied only with the reason that the new property has been purchased in the name of son and not in the name of that assessee....

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