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ITAT Delhi

Due date of Payment under section 43B in case of Transfer pricing Audit

August 28, 2022 2118 Views 0 comment Print

Bodycare Creations Limited Vs DCIT (ITAT Delhi) ITAT find that the assessee has successfully demonstrated that the return of income filed by it has been subjected to provisions of Section 92E of the Act and consequently the due date available to the assessee is 30th November, 2017 relevant to Assessment Year 2017-18 in question in […]

Money lender not present at the address proves lack of genuineness of transaction

August 27, 2022 1212 Views 0 comment Print

Held that persons who have given loan are not present at their address which clearly shows the lack of genuineness of the transactions. Receipt of the amount in their bank accounts immediately before giving the loans further cast doubt of the creditworthiness.

Section 194IA is qua each transferee and not qua aggregate consideration

August 27, 2022 8046 Views 1 comment Print

Section 194A provision provides that obligation cast under Section 194IA is qua each transferee and not qua aggregate consideration.

Expense on Benami Liquor License Fees not allowed

August 27, 2022 1812 Views 0 comment Print

Liquor license fee paid by assessee who is not license holder cannot be treated as eligible expenses & not allowable

Sections 2(22)(e) not applies to loans from sister concern on commercial basis

August 26, 2022 2520 Views 0 comment Print

Assessee firm has obtained loans from the sister concern on commercial basis. On facts it has emerged that the lender company has charged interest on advances made to assessee firm. The assessee has taken plea that the advances made by the lender company to the borrower assessee firm is not a loan/advance but is beset with the character of quid pro quo owing to charge of interest for the benefit of lender company.

ITAT deletes section 271C penalty in respect of EDC Amount paid to HUDA

August 26, 2022 873 Views 0 comment Print

In this case, AO pass order levying penalty amounting to Rs.6,62,100/- u/s 271C of Income Tax Act (being 2% of the EDC amount paid to HUDA).

No penalty for delay in filing STF Return due to late Receipt of Advisory Notice & SCN

August 26, 2022 744 Views 0 comment Print

Assessee has not received advisory notice issued u/s 285 BA (5) and the show cause notice of penalty u/s 271FA due to change of mail id and further contended that, the delay in filing the return was not deliberate.

Payment to retired partner amounts to diversion of income at source by overriding title

August 23, 2022 1656 Views 0 comment Print

Held that deduction from income claimed for payment made to a retired partners allowable as it amount to a diversion of income at source by overriding title.

Expenditure for executing a project is an intangible asset eligible for depreciation

August 23, 2022 2403 Views 0 comment Print

Held that expenditure incurred in executing the project is an intangible asset which is eligible for depreciation under section 32 of the Income Tax Act

Sales tax & excise duty subsidy is capital receipts & not taxable

August 21, 2022 2685 Views 0 comment Print

ACIT Vs Genus Electrotech Limited (ITAT Delhi) Held that sales tax incentive subsidy and excise duty incentive are in the nature of capital receipts and thus not chargeable to tax as regular income as well as income u/s 115JB for computation of book profit. Facts- In the order u/s 154, AO noted that assessee had […]

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