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ITAT Delhi

ITAT declines to Condone Delay as no justification for delay furnished

October 2, 2022 591 Views 0 comment Print

Shri Abdul Hakeem Vs ITO (ITAT Delhi) ITAT notice that the assessee has filed the appeal belatedly where the number of days delayed has not been specified. The delay in our understanding is about 14 months 10 days. No explanation worth the name has been provided to justify the delay. It is trite that the […]

No Tax on Grant received by Trust for participation in particular events outside India

October 2, 2022 2625 Views 0 comment Print

The tide up grants for a specific purpose would only mean that the assessee which was voluntarily organization, had agree to act as a trustee of a special fund granted by the donor with the result that it need not be pooled or integrated with the assessee is normal income or corpus.

Employees contribution to EPF and ESI before due date of return is allowable as deduction

October 1, 2022 4677 Views 0 comment Print

ITAT Delhi held that amendment to section 36(1)(va) are effective from 1st April 2021 and hence disallowance of employees’ contribution to EPF and ESI paid before due date of filing return of income is unsustainable

TDS credit allowed on Commission Income as it was not ‘Managerial Service’ under India Germany DTAA

September 30, 2022 1074 Views 0 comment Print

TDS credit was allowed as the commission income was not managerial service under India Germany Double Taxation Avoidance Agreement (DTAA).

No Section 194C TDS on payments to agents of foreign shipping companies

September 16, 2022 36582 Views 0 comment Print

Circular No. 723 dated 19.09.1995 – Section 172 applies to payments made to agents of foreign shipping companies so, section 194C not applies

Additional depreciation u/s 32(1)(iia) allowable on power generation activity

August 29, 2022 2727 Views 0 comment Print

Held that electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property. Hence, additional depreciation u/s. 32(1)(iia) available to the assessee on activity of power generation.

Interest on late payment of TDS not allowable as business expenditure

August 29, 2022 63357 Views 0 comment Print

Held that interest payment on late payment of TDS is not eligible business expenditure for deduction and it is not compensatory in nature.

No section 40A(3) Disallowance for cash payment to Agricultural Land Seller on his insistence

August 29, 2022 2862 Views 0 comment Print

Geo Connect Ltd Vs DCIT (ITAT Delhi) The factual matrix reveal that the assessee is in real estate business and for that purpose it purchased an agricultural land from one Sh. Ugma, an old man of 75 years. Towards sale consideration of the said land, the assessee issued bearer cheques for an amount of Rs. […]

Section 249(4)(b): Appeal cannot be submitted when ITR was filed

August 29, 2022 8736 Views 0 comment Print

Section 249(4)(b) of Income Tax Act, 1961 cannot be invoked when return of income filed by assessee was selected for scrutiny and assessment

No addition when no evidence about expenses being bogus in nature

August 29, 2022 1191 Views 0 comment Print

No addition was called for more so, when no evidence about the expenses being bogus in nature has been brought on record by the Revenue.

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