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ITAT Delhi

Limited Scrutiny for turnover Difference in ITR & ST Return – AO can verify with Form 26AS

May 9, 2022 2130 Views 0 comment Print

SNS Constructions P. Ltd. Vs ITO (ITAT Delhi) In this case there was a difference of Rs. 14,25,463/- between books of account and the payment received as per Form 26AS. The Assessing Officer treated the amount of Rs. 14,25,463/- as undisclosed receipts and added the same to the income of the assessee. Thereby the Assessing […]

Amendments to Sections 43B and 36(1)(va) not Retrospective

May 8, 2022 5694 Views 0 comment Print

ITAT Delhi rules in favor of Anup Service Station, allowing deduction for delayed deposit of PF & ESI contributions. Legal analysis and implications of the decision.

ITAT remands matter back to CIT(A) to grant one final opportunity to assessee

May 7, 2022 885 Views 0 comment Print

Plutus Industries Pvt. Ltd. Vs ITO (ITAT Delhi) We find the Assessing Officer in the instant case made addition of Rs.1,36,39,191/- u/s 68 of the Act in respect of unsecured loan obtained by the assessee from three directors on the ground that the assessee failed to substantiate with evidences to his satisfaction regarding creditworthiness of […]

Amount received for ‘support services’ cannot be taxed as ‘Fees for Included Services’

May 6, 2022 2592 Views 0 comment Print

Russell Reynolds Associates Inc. Vs DCIT (International Taxation) (ITAT Delhi) Facts- The Appellant, incorporated under the laws of the United States of America, filed its Income-tax return for relevant assessment showing income being royalty income received from Russell Reynolds Associates India Private Limited in terms of ‘Licensing Agreement’ for use of Intellectual Property Rights (‘IPRs’) […]

No addition for cash deposited during demonetization out of earlier cash withdrawals

May 5, 2022 7233 Views 0 comment Print

Om Parkash Nahar Vs. ITO ( ITAT-Delhi) The amount deposited during demonetization period was relate to out of withdrawals from the same account from 2014,2015 & 2016 is not treated as income from undisclosed source The assessee’s explanation is that looking to his old age and suffering from various ailments as he had suffered a […]

Belated payment of employees contribution to EPF & ESI allowable

May 3, 2022 1368 Views 0 comment Print

Nestor Pharmaceuticals Ltd. Vs CPC (ITAT Delhi) The issue in this appeal is related to disallowance of expenditure on account of delay in deposit of employees contribution related to EPF & ESI. The issue is squarely covered by the judgement of Hon’ble Jurisdictional High Court of Delhi in the case of PCIT vs Pro Interactive […]

ITAT directs CIT(A) for denovo adjudication of case with reasonable opportunity

May 3, 2022 849 Views 0 comment Print

Pooja Vs ACIT (ITAT Delhi) This appeal is filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-38, New Delhi dated 18.03.2019 for the AY 2010-11. When the matter posted for hearing on 09.03.2022 none appeared on behalf of the assessee. The Notice sent through speed post with acknowledgement due […]

Section 68 addition cannot be made merely for meager income shown by Investor Companies

May 2, 2022 2061 Views 0 comment Print

Merely because the Investor Companies have shown meager income during the impugned assessment year, the same in my opinion, cannot be a ground to doubt the creditworthiness of the said company especially when the said company is having sufficient funds in its account in shape of share capital and free reserves.

AO not required to confine assessment only on issue for which assessment was reopened

May 2, 2022 660 Views 0 comment Print

M.R. Enterprises Vs ITO (ITAT Delhi) Admittedly, in the present case the assessment was reopened on the basis of cash deposited in the bank account and no addition has been made by the Assessing Officer regarding deposit of this amount. It is seen that the assessee has not raised this issue before the learned CIT(Appeals). […]

Subscription received for Cloud Services is not a royalty income

May 2, 2022 4344 Views 0 comment Print

MOL Corporation Vs DCIT (International Taxation) Circle (ITAT Delhi) Bench is of considered view that the cloud base services do not involve any transfer of rights to the customers in any process. The grant of right to install and use the software included with the subscription does not include providing any copy of the said […]

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