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ITAT Delhi

Assessment Order passed in the name of amalgamated entity is invalid

March 28, 2022 1626 Views 0 comment Print

Honda Cars India Ltd. Vs DCIT (ITAT Delhi) In this case In spite of intimation to the TPO and the Assessing Officer regarding the amalgamation of ‘Honda Motor India Pvt. Ltd.’ to ‘Honda Cars India Ltd.’, not only the order under section 92CA(3) of the Act was passed in the name of the amalgamated company, […]

Addition without opportunity of cross-examination to assessee not sustainable

March 24, 2022 2775 Views 0 comment Print

Rishipal Investments and Finance (P) Ltd. Vs ITO (ITAT Delhi) We find, the AO, in the instant case, reopened the assessment on the basis of the report of the Investigation Wing that the assessee has received accommodation entry of Rs.23,50,000/- from four companies, the details of which are given in the reasons recorded. We find, […]

AO cannot treat a revenue expense as capital without showing any justifiable grounds

March 22, 2022 2871 Views 0 comment Print

DCIT Vs Quippo Oil And Gas Infrastructure Ltd (ITAT Delhi) The assessee-company is engaged in providing plants and machinery, mobile drilling rigs, equipment and other related services to oil and gas industry. The assessee during the year has entered into contract with Jubilant Oil and Gas Pvt. Ltd. On perusal of the terms of the […]

Income from granting access to data base is not Royalty under India-USA DTAA

March 22, 2022 3789 Views 0 comment Print

OVID Technologies Inc. Vs DCIT (ITAT Delhi) In the case in hand, the revenue derived by the assessee from granting limited access to its data base is akin to sale of book, wherein purchaser does not acquire any right to exploit the underlying copyright. When the purchaser reads the book, he only enjoys the content. […]

CENVAT credit receivables which cannot be set off allowable as expense

March 20, 2022 3201 Views 0 comment Print

This is generally a regular practice in the manufacturing sector which is also followed by the assessee from year to year. The CENVAT credit receivables which could not be set off has been rightly claimed by the assessee as deduction.

Section 153C addition should be based on Incriminating Materials Found During Search

March 20, 2022 1524 Views 0 comment Print

Ashok Kumar Tyagi Vs ACIT (ITAT Delhi) ITAT held that the addition of agricultural income as income from other sources was not based on any incriminating/seized material found as a result of search. Even, the disallowance of loss claimed against house property income is also not with reference to any seized material. It is a […]

PCIT cannot exercise section 263 jurisdiction merely for not liking the order of AO

March 20, 2022 1533 Views 0 comment Print

Smt. Sarita Kashyap Vs PCIT (ITAT Delhi) A scrutiny of the assessment order would clearly reveal that it is not a case where the Assessing Officer has passed the order mechanically without any inquiry and proper application of mind. Whereas, learned PCIT has considered the assessment order erroneous and prejudicial to the interest of Revenue […]

Amendment to Sections 36(1)(va) & 43B vide Finance Act, 2021 are prospective

March 20, 2022 2343 Views 0 comment Print

ITAT held that, the said amendment to Section 39(1)(va) and Section 43B effected by Finance Act 2021 is having prospective effect. Since, the said amendment is having prospective effect and not being retrospective one the same cannot be applied to the present case.

Consideration for mere resale/use of computer software through EULAs/distribution agreements is not Royalty

March 17, 2022 1551 Views 0 comment Print

GE Intelligent Platforms Asia Pacific Pte Ltd Vs A.C.I.T (ITAT Delhi) ITAT held that amounts paid by resident Indian end-users/distributors to non-­resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the […]

ITAT allows Course Fee Paid to Harward Business School for Director

March 15, 2022 1155 Views 0 comment Print

Incom Cables Pvt. Ltd. Vs Addl. CIT (ITAT Delhi) In the present case, there is no dispute that the Director of the assessee Company who was looking after the functioning of the assessee Company, has joined to the course in Harward Business School and Management and the assessee Company has incurred the expenditure of Rs. […]

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