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ITAT Delhi

Mere Statement recorded during survey cannot be the sole basis for making addition

July 28, 2014 820 Views 0 comment Print

A survey proceedings was carried out in the middle of the accounting year (on 1.12.2006) in the case of AHS Joint Venture, the sister concerns of the assessee firm. During the course of survey there was no incriminating material nor undisclosed income found in the hands of the assessee

Agricultural receipts, duly shown in past & accepted by dept, cannot be added as cash credits

July 28, 2014 2390 Views 0 comment Print

The assessee is an individual. The return of income was filed on 29.7.2009 declaring an income of Rs. 36,04,069/- and agricultural income of Rs. 10,25,000/-. The assessment was taken up for scrutiny by issuance of notice u/s 143(2) of the Act.

Share Application Money – Primary burden is on AO to show that same is unexplained cash credit

July 28, 2014 2389 Views 0 comment Print

Even if the reopening is sustained, the primary burden that income has escaped assessment is on the shoulder of the assessing officer and after discharging this burden only, the onus shifts to the shoulder of the assessee.

No disallowance of lawful expense for mere non-compliance with Company law provisions

July 27, 2014 3271 Views 0 comment Print

Assessee entered into transactions of payment of job work charges to a related party, viz., M/s Razormed Inc. during the financial year relevant to assessment year under consideration without obtaining prior approval of the Central Government in accordance with the provisions of section 297 of the Companies Act, 1956.

Deduction of Depreciation as well of Capital Expenditure in Case of Trusts not amounts to double deduction

July 23, 2014 8252 Views 0 comment Print

Hon’ble ITAT Delhi has held in the case of ITO(E) Vs. S.D.College Society (Lahore) that where the capital expenditure has been treated to have been applied for the object of the trust, allowance of deduction on account of depreciation will not amount to double deduction?

Rebate of STT paid u/s 88E available against tax calculated u/s 115JB

July 23, 2014 6601 Views 0 comment Print

Assessing Officer has computed the taxable income of the assessee company under the normal provisions of the Act as well as under the special provisions of section 115JB of the Act. While computing the book profit u/s 115 JB, the Assessing Officer has not allowed the rebate on account

AO cannot object submission of additional evidence if same is accepted by CIT(A)

July 21, 2014 3138 Views 0 comment Print

After considering the rival submissions and perusing the relevant material on record, it is noticed that though the assessee did not extend co-operation to the AO during the assessment proceedings, but such deficiency was made good by submitting the relevant evidence before the ld.

Penalty not leviable on issue on which a substantial question of law has been framed by HC

July 21, 2014 1448 Views 0 comment Print

Admittedly the impugned addition pertaining to the amount received by the assessee from M/s. Newell Rubbermaid Inc. has been upheld by the Tribunal. At the same time we also observed that in assessee’s appeal ITA No. 1235/2011 order vide dated 29.11.2011 (supra) the Hon’ble High Court

ITAT admits Linkedin Profile as additional Evidence

July 5, 2014 3205 Views 0 comment Print

In the petition for admission of additional evidence it is submitted on behalf of department that the Linkedin Profile of employees of Assessee are available in public domain and down loaded from the web site of internet and the source is indicated against the same.

No addition in respect of concluded assessments unless some incriminating material was found during search

June 22, 2014 3388 Views 0 comment Print

Where a search is initiated u/s 132 of the Act etc., the A.O shall issue a notice requiring the person searched etc. to furnish his return of income in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year

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