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ITAT Delhi

Share of client pledged by broker cannot be treated as his undisclosed investment

July 19, 2022 2697 Views 0 comment Print

Held that broker pledged the shares of the clients with banks for obtaining bank finance. It is not justified to take value of shares pledged as undisclosed investment of the broker.

TDS u/s. 194C deductible on Common Maintenance Charges

July 19, 2022 2370 Views 0 comment Print

Held that the payment towards CAM charges are in the nature of contractual payment which are made for availing services/ facilities. Accordingly, TDS is deductible u/s. 194C

Deduction u/s 54, with respect to two houses located in different areas, not available

July 19, 2022 7839 Views 0 comment Print

Held that the assessee can take shelter and claim deduction u/s 54 only when the assessee invests the long term capital gain in purchase or construction of a single residential house.

Addition towards cloud based services, not a royalty, not sustainable

July 18, 2022 1134 Views 0 comment Print

Held that the authorities fallen in error in considering the subscription received towards cloud serviced to be royalty income

Serving of liquor is not charitable activity under section 2(15)

July 18, 2022 8259 Views 0 comment Print

ITAT held that ‘serving of liquor is not charitable activity under section 2(15) of the Income Tax Act, 1961,

Deduction u/s 80-IC not available on interest earned on fixed deposit

July 18, 2022 6699 Views 0 comment Print

Held that interest earned out of the fixed deposit made from the surplus funds being not connected to the manufacturing activity and do not form an integral part of the profits derived from industrial unit is not eligible for deduction

Order not erroneous when AO took one possible view

July 18, 2022 1443 Views 0 comment Print

Held that in case there are two possible views and the AO has taken one of the possible views, no action to exercise powers of revision can arise.

50% additional depreciation u/s 32(1)(iia) allowed in subsequent AY

July 16, 2022 5004 Views 0 comment Print

Held that assessee can claim remaining 50% depreciation in subsequent year in case where machinery and plant being acquired and put to use for less than 180 days in the previous year, the depreciation was restricted to 50%.

Addition on cash sales accepted as revenue receipts as unexplained cash deposits unsustainable

July 16, 2022 2001 Views 0 comment Print

Held that undisputable the cash sales and details thereof is provided, VAT payment on such cash sales is also submitted. As the cash sales is not disputed by the department, adding the same as unexplained cash deposit unsustainable

Gratuity exemption u/s 10(10) available to employee holding civil post under a state

July 15, 2022 2241 Views 0 comment Print

Held that an employee holding a civil post under a state is eligible for exemption towards amount of gratuity received under section 10(10) of Income Tax Act

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