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ITAT Delhi

50% additional depreciation u/s 32(1)(iia) allowed in subsequent AY

July 16, 2022 4974 Views 0 comment Print

Held that assessee can claim remaining 50% depreciation in subsequent year in case where machinery and plant being acquired and put to use for less than 180 days in the previous year, the depreciation was restricted to 50%.

Addition on cash sales accepted as revenue receipts as unexplained cash deposits unsustainable

July 16, 2022 1947 Views 0 comment Print

Held that undisputable the cash sales and details thereof is provided, VAT payment on such cash sales is also submitted. As the cash sales is not disputed by the department, adding the same as unexplained cash deposit unsustainable

Gratuity exemption u/s 10(10) available to employee holding civil post under a state

July 15, 2022 2184 Views 0 comment Print

Held that an employee holding a civil post under a state is eligible for exemption towards amount of gratuity received under section 10(10) of Income Tax Act

Section 271(1)(c) penalty not leviable if Specific Charge not mentioned in Notice

July 13, 2022 1128 Views 0 comment Print

Assessee must be informed of the grounds of the penalty proceedings only through statutory notice and an omnibus notice suffers from the vice of vagueness.

Delay cannot be condoned if delay in filing condonation of delay was deliberate

July 10, 2022 645 Views 0 comment Print

Vedika Realty Pvt. Ltd Vs ITO (ITAT Delhi) It is well settled law, the mere filing of appeal is not sufficient until and unless, it is effectively pursued and prosecuted. From the record, orders passed by the authorities below specifically by the Ld. Commissioners and the facts of the case, the conduct of the Assessee […]

Section 271(1)(c) Penalty not Applicable if Income Computed on Estimated Basis

July 10, 2022 1785 Views 0 comment Print

NBK Infrastructure P. Ltd Vs JCIT (ITAT Delhi) The Hon’ble Punjab & Haryana High Court in the case of Hari Gopal Singh Vs. CIT 258 ITR 85 held that when the additions are made on estimate basis that by itself does not lead to the conclusion that the assessee either concealed the particulars of his […]

100% Section 80IAC deduction on Substantial Expansion after Expiry of 5 Years of setting up of new industry

July 10, 2022 1380 Views 0 comment Print

Spinks Impex Vs ITO (ITAT Delhi) Hon’ble Apex court in the matter of PCIT vs. Aarham Softronics [2019] 102 com 343 (SC), pronounced on 20-02-2019. Wherein, it was held an assessee availing exemption of 100% tax on setting up of a new industry, which is admissible for 5 years, and either on the expiry of […]

Interest rate on unsecured loan cannot be compared with interest rate on bank loan

July 10, 2022 8154 Views 0 comment Print

R R M Trading Co. Vs ACIT (ITAT Delhi) ITAT find that AO has restricted the payment of interest to the related parties @ 18% to 12% on the ground that it is excessive and unreasonable looking to the fact that assessee has paid interest to the partners @ 12% which is in accordance with […]

Penalty not leviable if foundation for levy itself is crumbled

July 10, 2022 1308 Views 0 comment Print

Sharda Educational Trust Vs JCIT (ITAT Delhi) The Bench is of firm view that the foundation of issuing show cause notice for penalty u/s 271(1)(c) of the Act, being crumbled by a verdict of this Tribunal, by deletion of additions, the penalty order alone cannot stand by its own against the assessee. Reliance in this […]

Disallowance of CSR expense by treating it as capital is unjustified

July 10, 2022 1386 Views 0 comment Print

Held that impugned expenditure cannot be held to be capital and it is not in the nature of personal expenditure or for any violation of law. Disallowance of CSR expenditure unjustified.

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