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ITAT Delhi

Expense cannot be denied under section 40(A)(2)(b) on surmises & conjectures

June 22, 2022 2256 Views 0 comment Print

Balani Infotech P. Ltd. Vs ACIT (ITAT Delhi) It is for an assessee as a businessman to come to a conclusion as to what remuneration of the salary is to be paid to the employees and the reasonableness of the expenses is to be judged from the angle of a businessman rather than from angle […]

Section 153C: Addition for Share Capital without Incriminating Material not sustainable

June 22, 2022 1563 Views 0 comment Print

DCIT Vs Apple Metal Industries Pvt Ltd (ITAT Delhi) Assessment for Assessment Year 2011-12 was completed after making addition on account of unverified share application money amounting to Rs. 8,70,71,936/- and in Assessment Year 2014-15, addition on account of unverified share capital amounting to Rs. 30,00,600/- was made. The impugned assessment order clearly shows that […]

ITAT explains impact on taxability when treaty not contains FTS clause

June 22, 2022 6714 Views 0 comment Print

DCIT Vs Michelin ROH Co. Ltd. (ITAT Delhi) Brief facts of the case are that the assessee has a company incorporated in Thailand and offers a number of services, such as, business planning and coordination, engineering services, product research and development etc. to its Indian subsidiary. On offering these engineering services, the assessee obtained a […]

Currency derivative transactions are not speculative transaction- Section 43(5)

June 22, 2022 6777 Views 0 comment Print

Trading of currency derivatives are covered by definition of ‘derivatives’ and excluded from the ambits of speculative transactions defined under Section 43(5) of Income Tax Act, 1961.

Addition for unsecured loan justified for failure to provide supporting evidences

June 22, 2022 1362 Views 0 comment Print

The assessee was required to prove identity of creditors, genuineness of transaction and creditworthiness of creditors. The assessee grossly failed to do so. Therefore, in the absence of the supporting evidences regarding claim of unsecured loans, we do not see any infirmity in the finding of authorities below.

No revenue recognition as completion work below 25%

June 21, 2022 5388 Views 1 comment Print

Total estimated construction cost the percentage of the completion works out to 24.89% which is less than the 25%, being the limit prescribed for recognition of Revenue.

Condonation of delay granted on medical grounds

June 21, 2022 12807 Views 0 comment Print

Assessee submitted medical certificate justifying delay. Accordingly held that there was sufficient cause for condoning the delay in the institution of appeal before the CIT(A) by the assessee.

Section 68 has No Application to amount received in earlier years

June 21, 2022 2790 Views 0 comment Print

DCIT Vs Tirupati Udyog Ltd. (ITAT Delhi) It is the case of the assessee that Section 68 applies only to the credit/ receipts entered in the books during the Financial Year in question and its operation is not extended to other assessment years. This position is fortified by plethora of judicial precedents including CIT vs. […]

Reference to TPO without fulfilling the conditions of threshold limit is not valid

June 21, 2022 3744 Views 0 comment Print

Garg Acrylics Ltd. Vs Addl. CIT (ITAT Delhi) It is the case of the assessee that reference made to the TPO in the instant case without fulfilling the conditions of threshold of Rs.5 crore monetary limit is without the sanction of law in view of the Section 92BA of the Act. This being so, the […]

No prudent man expected to keep record of sale proceeds of small amount

June 21, 2022 834 Views 0 comment Print

Mr. Mohan Sambhaji Jagthap Vs ACIT (ITAT Delhi) Appreciating the material on record it can be observed that the Tax Authorities have not doubted the assertion of the Assessee that the father in law was resident of Canada or he held land. When this fact is admitted, the Revenue needed to conduct some enquiry and […]

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