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ITAT Delhi

Lump sum amount received from ex-husband as alimony is not taxable

July 21, 2013 27813 Views 0 comment Print

In the present case, though the assessee was to receive monthly alimony which was to be taxable in the each year from conclusion of divorce agreement but in this case monthly payments were not received and, therefore, were not offered tax.

Transfer of leasehold rights in land and building would not attract provisions of section 50C

July 8, 2013 16696 Views 1 comment Print

Assessee has sold/transferred a lease hold landed property at 36, SSGT road, Industrial area, Ghaziabad at a consideration of Rs.3,25,00,000/- to Sara exports Ltd. The said lease hold property was acquired by the assessee way back in 1971 as per the original elase deed dt. 26.8.71

Compensation for termination of MoU which enables assessee to carry on business of mining is a capital receipt on account of loss of ‘source of income’

July 8, 2013 913 Views 0 comment Print

The assessee is a Company and is engaged in the business of manufacturing and trading of facilities of sponge iron from iron ore, steel melting section for manufacturing of MS ingots from sponge iron and MS scrap, a rerolling mill for manufacturing of constructional and structural steels

No Addition based on mere statement recorded u/s 132(4) in the absence of Supporting evidences

July 8, 2013 7266 Views 0 comment Print

A search and seizure operation was carried out at the premises of the assessee on 22.11.2006. Assessee is an individual filed the return of income at Rs.5,88,06,735/- on 02.09.2008. This amount included undisclosed investment in jewellery of Rs. 12,85,777/-

Expenditure incurred during temporary lull of business should be an allowable expenditure

July 2, 2013 2527 Views 0 comment Print

Assessing Officer ignored the very fact that there was a temporary lull in the business of the assessee and it was not a cessation of business of activity. Therefore, the Assessing Officer disallowed the expenses incurred by the assessee for continuation of its business which deserve

Sum paid in the course of Land Business & Forfeited by land owners allowable as Business expense

June 21, 2013 666 Views 0 comment Print

Assessing the legitimacy of Rs. 10 lakh written off by Zebina Real Estate Pvt. Ltd. Explore ITAT Delhi’s decision favoring the business expenditure claim.

Scrutiny Assessment Void if not as Per CBDT Scrutiny Guidelines

May 30, 2013 7832 Views 0 comment Print

Once the CBDT has issued instructions for assumption of jurisdiction for selection of cases of corporate assesses for scrutiny and assessment thereof, the same have to be followed in letter and spirit by the AO .

Assessment u/s. 153A can be made only on the basis of incriminating material found during search

May 25, 2013 1808 Views 0 comment Print

We have carefully considered the submissions and perused the records. We find that the value of the property in this case as reflected in the registered sale deed was Rs. 55,00,000/-. Reference u/s. 142A was made to the DVO by the Assessing Officer.

No Interest disallowance for amount advanced without interest out of Interest free funds

May 25, 2013 1487 Views 0 comment Print

In this case Assessing Officer noted that from the perusal of the balance sheet and Annexures it was noted that the assessee has taken loans from banks, amounting to RS. 8,32,93,610/- in the form of secured loan and also from other parties, amounting to Rs. 56,20,479/-

S. 2(22)(e) not applies to amount advanced for investment on behalf of company

May 25, 2013 1283 Views 0 comment Print

the stand of the assessee has been that a sum of Rs. 12,00,000/- was given to the assessee company, consequent upon the Resolution passed by the Board of Directors of the said Company authorizing the assessee to invest on behalf of the company in units of M/s Reliance Equity Advantage Funds.

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