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ITAT Delhi

Amount received for software related services cannot be treated as FTS

July 10, 2022 2163 Views 0 comment Print

Microstrategy Singapore Pte Limited Vs DCIT (ITAT Delhi) Insofar as the issue of treating the amount received towards provisions of software related services as FTS, we have noticed that the Assessing Officer has not brought any cogent material on record to demonstrate that while providing the software related maintenance service, the assessee has made available […]

Interest under section 28 of Land Acquisition Act cannot be taxed despite TDS deduction

July 10, 2022 5796 Views 0 comment Print

Umang Sitani Vs ITO (ITAT Delhi) During the year, the assessee has received Rs.2.58 Cr. on account of compulsory acquisition of his land comprising an amount of Rs.79.17 lacs on account of compensation and Rs.178.92 lacs on account of interest on land compensation, the fact of which is not in dispute. The AO treated the […]

Consultancy charges paid for introduction of client is not FTS

July 10, 2022 870 Views 0 comment Print

Hemera India Pvt. Ltd Vs DCIT (ITAT Delhi) ITAT held that once the revenue admitted that they were consultancy charges paid for introduction of client then that would fall in the definition of payments made to intermediary or liaison agents for channelizing, arranging or soliciting work order. There is no finding whatsoever that any inquiry […]

Provision amount based on materiality concept can’t be treated as unascertained liability

July 9, 2022 1836 Views 0 comment Print

Held that based on materiality concept, the amount of provision made, can’t be termed as unascertained liability, as the % for which provision is being made had been derived based on technical study, past experience of the company and the industrial standards.

Section 2(22)(e) doesn’t apply to unregistered shareholder

July 9, 2022 777 Views 0 comment Print

Provisions of section 2(22)(e) of the Act are not applicable as the assessee was not a registered shareholder of the company

Development fee, taken to corpus fund, allowable as capital receipt

July 7, 2022 4542 Views 0 comment Print

Held that the development fees received from students for acquisition of Fixed Assets and utilized for acquisition of Capital Assets, taken directly to corpus fund, is allowed as capital receipt

No default on non-deduction of TDS on payments made to HUDA for EDC charges

July 6, 2022 3063 Views 0 comment Print

Tulip Infratech Private Limited Vs Addl. CIT (ITAT Delhi) Ld. AO was of the view the assessee has paid EDC for the works carried out by HUDA and hence the same was liable for TDS u/s 194C Ld. AO also noticed that certain tax deductor sought clarification regarding applicability of TDS provisions on EDC charges […]

In case of Search Assessment order cannot be passed under Section 143(3)

July 4, 2022 5925 Views 0 comment Print

ITAT Delhi quashes assessment order against Ankit Gupta, ruling it void ab initio. Challenge to jurisdiction sustained. Key issue on Section 153C.

Skill Development activity eligible for Registration under section 12AA

July 3, 2022 2064 Views 0 comment Print

C. R. Dadhich Memorial Society Vs CIT(E) (ITAT Delhi) Training means & constitutes a basic concept in human resource development. It is concerned with developing a particular skill to a desired standard by instruction and practice. Training is a highly useful tool that can bring a person into a position where they can do their […]

No penalty for Addition on Estimation Basis under section 271(1)(c)

July 3, 2022 3987 Views 0 comment Print

ITAT held that when addition was made on estimation basis that by itself does not lead to conclusion that assessee either concealed the particulars of income or furnished inaccurate particulars of such income.

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