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ITAT Delhi

TDS credit allowed on Commission Income as it was not ‘Managerial Service’ under India Germany DTAA

September 30, 2022 1131 Views 0 comment Print

TDS credit was allowed as the commission income was not managerial service under India Germany Double Taxation Avoidance Agreement (DTAA).

No Section 194C TDS on payments to agents of foreign shipping companies

September 16, 2022 37059 Views 0 comment Print

Circular No. 723 dated 19.09.1995 – Section 172 applies to payments made to agents of foreign shipping companies so, section 194C not applies

Additional depreciation u/s 32(1)(iia) allowable on power generation activity

August 29, 2022 2790 Views 0 comment Print

Held that electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property. Hence, additional depreciation u/s. 32(1)(iia) available to the assessee on activity of power generation.

Interest on late payment of TDS not allowable as business expenditure

August 29, 2022 63459 Views 0 comment Print

Held that interest payment on late payment of TDS is not eligible business expenditure for deduction and it is not compensatory in nature.

No section 40A(3) Disallowance for cash payment to Agricultural Land Seller on his insistence

August 29, 2022 2898 Views 0 comment Print

Geo Connect Ltd Vs DCIT (ITAT Delhi) The factual matrix reveal that the assessee is in real estate business and for that purpose it purchased an agricultural land from one Sh. Ugma, an old man of 75 years. Towards sale consideration of the said land, the assessee issued bearer cheques for an amount of Rs. […]

Section 249(4)(b): Appeal cannot be submitted when ITR was filed

August 29, 2022 8859 Views 0 comment Print

Section 249(4)(b) of Income Tax Act, 1961 cannot be invoked when return of income filed by assessee was selected for scrutiny and assessment

No addition when no evidence about expenses being bogus in nature

August 29, 2022 1230 Views 0 comment Print

No addition was called for more so, when no evidence about the expenses being bogus in nature has been brought on record by the Revenue.

Due date of Payment under section 43B in case of Transfer pricing Audit

August 28, 2022 2154 Views 0 comment Print

Bodycare Creations Limited Vs DCIT (ITAT Delhi) ITAT find that the assessee has successfully demonstrated that the return of income filed by it has been subjected to provisions of Section 92E of the Act and consequently the due date available to the assessee is 30th November, 2017 relevant to Assessment Year 2017-18 in question in […]

Money lender not present at the address proves lack of genuineness of transaction

August 27, 2022 1233 Views 0 comment Print

Held that persons who have given loan are not present at their address which clearly shows the lack of genuineness of the transactions. Receipt of the amount in their bank accounts immediately before giving the loans further cast doubt of the creditworthiness.

Section 194IA is qua each transferee and not qua aggregate consideration

August 27, 2022 8211 Views 1 comment Print

Section 194A provision provides that obligation cast under Section 194IA is qua each transferee and not qua aggregate consideration.

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