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ITAT Delhi

Section 194J TDS on fees to Doctors engaged as Retainers & Consultants

July 3, 2022 6237 Views 0 comment Print

High Court held that the provisions of Section 194J applied to the retainer doctors and not those of Section 192.

Consultation Fee related to hosting of website to enhance business allowable

July 3, 2022 642 Views 0 comment Print

Addl. CIT Vs Times Internet Ltd. (ITAT Delhi) During the year, the assessee claimed an amount of Rs.10.55 crores on account of consultancy fee, out of which an amount of Rs.98.37 lacs has been disallowed by the AO pertaining to the amount paid for legal and professional services. The AO held that since the expenses […]

Disallowance of interest on ad hoc basis on the plank that Interest-Bearing Funds are diverted not admissible

July 1, 2022 582 Views 0 comment Print

Guardian Nutrition & Health Supplements Pvt. Limited Vs ACIT (ITAT Delhi) Brief facts of the case are that assessee is engaged in the business of rental trading of pharmaceutical products. In the present case, Assessing Officer (AO) made proportionate disallowance of interest on ad hoc basis after noting that assessee had both interest bearing funds […]

Technical Know-How Fees Is allowable Revenue Expenditure

June 30, 2022 2178 Views 0 comment Print

Dive into the ITAT Delhi judgment on ACIT vs. Voith Paper Fabrics, addressing the treatment of technical know-how fees as revenue or capital expenditure.

Reassessment without Service of Section 148 Notice is void ab initio

June 30, 2022 4206 Views 0 comment Print

Naveen Tyagi Vs ITO (ITAT Delhi) HC held that if notice u/s 148 was not served on the assessee in accordance with law the reassessment made consequent thereto was without jurisdiction and liable to be quashed. In the case on hand as the Revenue could not prove the service of notice u/s 148 on the […]

Assessment based on belated Section 143(2) notice is invalid

June 30, 2022 1692 Views 0 comment Print

Roshan Lal Verma Vs DCIT (ITAT Delhi) The validity of impugned assessment order resulting in present appeal is under challenge on the grounds of notice issued under Section 143(2) purportedly barred by limitation. It is the case of the assessee that, in the instant case, assessee has filed the return of income on 14.10.2011 and […]

No Section 41 Disallowance if no Cogent Evidence of Cessation of Liability

June 30, 2022 582 Views 0 comment Print

Jain Peripherals Pvt. Ltd. Vs DCIT (ITAT Delhi) Section 41 postulates disallowance of cessation of liability for expenditure incurred in trading account earlier. In the present case, disallowance has been made by the AO and confirmed by the ld. CIT(A) on the plank that the purchases are not genuine. In our considered opinion, the issue […]

Penalty Notice not Containing Categorical Indication of Furnishing Inaccurate Particulars or Concealment of Particular of Income is invalid

June 30, 2022 762 Views 0 comment Print

It is submitted on behalf of the assessee that the ld. CIT(A) has failed to appreciate that the notice dated 25.02.2013 issued u/s 274 r.w.s.271(1)(c) of the Act is not legally sustainable as it is not disclosed as to if the notice is issued for furnishing inaccurate particulars or concealment of particular income.

Additions in Reassessment Proceedings not Sustainable If no Addition on Primary Grounds

June 30, 2022 5292 Views 0 comment Print

Honble Delhi High Court considering the decision of the Honble Bombay High Court in the case of CIT Vs. M/s. Jet Airways (I) Limited (2011) 331 ITR 236 (Bom.) held that if the Assessing Officer does not make any addition on the primary ground on the basis of which proceedings under Section 147 were initiated he cannot make other additions.

Capital gain arising from conversion of land into stock in trade is assessable in year of sale

June 29, 2022 1317 Views 0 comment Print

The undisputed fact is that nothing has happened during the year under consideration, the impugned land was converted into stock in trade in earlier assessment year. It is not in dispute that the agreement between the assessee and Unitech is not an agreement for sale and it is not in dispute that there is no consideration.

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