Follow Us:

ITAT Delhi

Appeal in form No. 35 cannot be dismissed for mere wrong mention of section of assessment order

November 14, 2022 2016 Views 0 comment Print

G-Trans Logistics (India) Pvt. Ltd. Vs Income Tax Officer (ITAT Delhi) CIT(A) dismissed the appeal just on the ground that in Form No.35, the section of assessment order mentioned is 144 instead of 143(3). In his opinion of Ld. CIT(A) this is an incurable defect. Ld. CIT(A) has not specified under which law, it is […]

ESOP expense to acquire share of parent company allowed when actual payment done to parent company

November 11, 2022 3897 Views 0 comment Print

ITAT Delhi held that ESOP expenditure to acquire shares of parent company is allowable as and when the expenditure is paid by the assessee to the parent company. Actual payment of the expenditure and time of expenditure needs to be verified

TDS not deductible on interest on savings bank account and compulsory deposit account

November 11, 2022 6786 Views 0 comment Print

ITAT Delhi held that there is no liability to deduct TDS on interest on savings bank account and interest of compulsory deposit account as per the provisions contained u/s 194A of the Act. Accordingly, disallowance u/s 40(a)(ia) unsustainable.

Reopening of assessment without assessee’s failure to disclose full and true material fact is unsustainable

November 10, 2022 990 Views 0 comment Print

ITAT Delhi held that reasons recorded for reopening of assessment u/s 147 of the Income Tax Act doesnt disclose that income has escaped assessment due to failure on the part of the assessee to disclose fully and truly all the material facts and hence assessment order passed thereon are quashed.

Adjustments on debatable/ controversial issues by way of intimation u/s 143(1) is not permissible

November 10, 2022 1356 Views 0 comment Print

ITAT Delhi held that amendments to section 36(1)(va) by Finance Act 2021 are retrospective or prospective is debatable and controversial and any adjustments u/s 143(1) of Income Tax Act by way of intimation, on debatable and controversial issues, is beyond the scope of Section 143(1).

Agreement having strong root of matter cannot be brushed aside

November 9, 2022 765 Views 0 comment Print

ITAT Delhi held that the trade mark license agreement goes to the root of the matter and hence the same cannot be brushed aside while deciding the matter.

Interest on enhanced compensation u/s 28 of Land Acquisition Act, 1984 is exempt

November 8, 2022 2127 Views 0 comment Print

Kamla Devi Vs ITO (ITAT Delhi) In the present case, from the orders of the authorities below, it is clear that the authorities below have treated interest received by the assessee on enhanced compensation u/s 28 of the Land Acquisition Act, 1984 as ‘Income from other sources’ and denied exemption u/s 10(37) of the Act. […]

Penalty u/s 271(1)(c) unsustainable as issue already decided in assessee’s favour

November 7, 2022 846 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act unsustainable as claim of deduction u/s. 80IA(4) already decided in favour of the assessee.

Exclusive Motors cannot be construed as a dependent agent PE of CCPL

November 7, 2022 1371 Views 0 comment Print

ACIT Vs Exclusive Motors Pvt. Ltd (ITAT Delhi) Undisputedly, the assessing officer has concluded that part of the remittances made by assessee to CCPL towards extended warranty services are in the nature of profit attributable to the PE in India, hence, assessee was required to deduct tax at source on such remittances. He also held […]

R&D Expense as percentage of turnover or profit is revenue in nature

November 7, 2022 786 Views 0 comment Print

DCIT Vs Voestalpine VAE VKN India Pvt. Ltd (ITAT Delhi) The assessee company has claimed an expenditure of Rs.2,41,98,983/- on account R & D Expenditure under the head of manufacturing expenditure. We have perused the details which have been enclosed at page no. 80 of the paper book. The same was also before the revenue […]

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031