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ITAT Delhi

Customized research advisory service not taxable as Royalty if no transfer of any copyright

April 23, 2022 1698 Views 0 comment Print

The assessee operates as a global services advisory and research company. Assessee assists corporations in developing and implementing leading edge sourcing strategies including captive outsourced and shared services approaches.

ITAT Allowed expenses of Commission paid on the basis of oral agreement

April 22, 2022 3765 Views 0 comment Print

Batra Enterprises Vs ACIT (ITAT Delhi) The facts relating to the ground are that during the course of assessment proceedings the Assessing Officer noticed that the assessee had made payment of Rs. 2,74,846/- being commission paid to Shri Ishan Batra. In response to the query of the Assessing Officer, the assessee had stated that Shri […]

ITAT Stays Demand due to non-deduction of TDS on Reinsurance Commission

April 20, 2022 1725 Views 0 comment Print

AXA France Vie Vs ACIT (ITAT Delhi) It is evident, the demand in dispute is as a result of disallowance made under section 40(a)(ia) of the Act due to alleged non-compliance with the provisions of section 194D of the Act. It is the claim of the assessee that the provision contained under section 194D is […]

Income Tax Reassessment against Non-Existing Entity is void ab-initio’

April 19, 2022 2751 Views 0 comment Print

We have no hesitation in holding that Ld. AO was not within his jurisdiction to frame the reassessment in the name of non-existing entity and such reassessment order dated 10.03.2014 is nullity and not sustainable in the eye of law

ITAT Quashes reassessment proceeding initiated merely based on Investigation Wing report without application of Mind

April 18, 2022 1767 Views 0 comment Print

M/s Nishit Fincap Private Limited Vs ITO (ITAT Delhi) In this case The original assessment was completed u/s 143(3) on 03.12.2010 determining the total income at Rs.48,360/-. I find the assessment in this case was reopened on the basis of information obtained from the Investigation Wing, according to which, during the search and seizure operations […]

Difference between books & Form 26AS: Only embedded profit can be added to income

April 17, 2022 5319 Views 0 comment Print

Purna Chandra Rout Vs ITO (ITAT Delhi) In case of the difference between the Assessee’s books of account and as per Form No. 26AS, then on the said difference, only embedded portion of the profits is to be taken into consideration and the addition is to be made thereon but entire turnover cannot be added […]

Rental income not received by assessee cannot be brought to tax

April 17, 2022 2328 Views 0 comment Print

The assessee categorically denied receipt of rent over and above what is reflected in its books of accounts. Nothing has been brought on record to contradict the version of the assessee either by the learned AO or by the learned CIT(A). We, therefore, hold that rental income which has not been received by the assessee cannot be brought to tax.

Non-receipt of sale consideration vis-à-vis no handing over of property- Matter Remanded

April 16, 2022 5346 Views 0 comment Print

ACIT Vs Late Sh. Amarjeet singh (ITAT Delhi) Facts- The assessee is an individual and deriving income from property, share income as partner in M/s S.M. & Sons and M/s Santokh Singh & Sons and interest income. The assessee filed its return of income on 30.09.2011 declaring an income of Rs.19,27,700/-. Subsequently, the assessee revised […]

Set off of excess utilization of fund & accumulation of income is permissible in law

April 16, 2022 5241 Views 0 comment Print

Shri Ram Sharnam Sabha Regd. Vs ITO (ITAT Delhi) Facts- The assesse is a society, engaged in religious and charitable activities. This society is running Ashrams and Medication programmes and was duly granted registration u/s 12AA. The assessee filed its ITR for AY 2016-17 declaring a taxable income of Rs. Nil. The AO noticed that […]

Section 57(iii) Expenditures allowable in spite of denial of Section 11 & 12 benefits

April 16, 2022 3585 Views 0 comment Print

Delhi High Court in the case of DDIT (E) vs Petroleum Sports Promotion Board (Supra) it is clear that in case of a charitable society even if benefit u/s 11 & 12 of the Income Tax Act, 1961 is denied and its income was brought to tax as income from other sources, all relevant expenditures were also to be allowed.

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