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ITAT Delhi

Section 54 exemption eligible on multiple residential houses before A.Y. 2015-16

January 1, 2022 8850 Views 0 comment Print

Sunandan Kumar Minocha Vs ITO (ITAT Delhi) ITAT held that assessee is eligible for claim of exemption u/s 54 in respect of purchase of 3 different residential houses and amendment brought in the Finance Act, 2014 w.e.f. 01.04.2015 will not be applicable in AY 2013-14. FULL TEXT OF THE ORDER OF ITAT DELHI Aforesaid appeal […]

Addition for PF/ESI paid beyond due date under respective Laws but before due date of ITR filing not sustainable

December 28, 2021 4194 Views 0 comment Print

Adama Solution P. Ltd. Vs ADIT (ITAT Delhi) ITAT allowed the issue raised by the assessee holding that the addition/disallowance made by the learned assessing officer of late deposit of employees contribution to the provident fund and ESI, as it is deposited before the due date of the filing of the return of an income […]

ITAT deletes Addition for delayed payment of ESI/EPF as paid before due date of ITR filing

December 28, 2021 1362 Views 0 comment Print

Express Roadway P. Ltd. Vs ACIT (ITAT Delhi) The issue in the present ground is with respect to addition made on account of delayed payment of ESI/EPF. We find that CIT(A) while deciding the issue in favour of the assessee has given a finding that though there was delay in deposit of ESI & EPF […]

Belated payment of employees’ contribution to PF & ESI – ITAT allowed

December 27, 2021 1746 Views 0 comment Print

Vansh Jain Vs DCIT (ITAT Delhi) Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in sustaining the adjustment made […]

Disallowance under Section 43B due to wrong reporting in Audit Report- ITAT restores the issue to AO

December 27, 2021 5970 Views 0 comment Print

Rukmini Polytubes Pvt. Ltd. Vs DCIT (ITAT Delhi) ITAT find the adjustment of Rs. 1,82,543/- under section 43B(b) was made by the CPC on account of belated payment of PF and ESI payment of Bonus and GST. It is the submission of the Learned Counsel for the Assessee that the above payments were made before […]

ITAT deletes disallowance for belated payment of employees’ contribution to PF & ESI

December 27, 2021 1857 Views 0 comment Print

Worldwide Facility Management Services Pvt. Ltd. Vs DCIT (ITAT Delhi)  Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in […]

ITAT delete disalllowance for Employees’ contribution to PF & ESI paid before due date of ITR filing

December 27, 2021 1626 Views 0 comment Print

Aroon Facilitation Management Services Pvt. Vs DCIT (ITAT Delhi) I find the A.O. CPC in the instant case has computed the income of the assessee at Rs.16,58,230/- as against the returned income of Rs.6,98,610/- by making an adjustment for a sum of Rs.9,59,624/- on account of belated payment to employees’ contribution towards PF & ESI […]

No section 36(1)(va) for PF/ESI dues paid before return filing

December 26, 2021 14430 Views 0 comment Print

ITAT Delhi rules in Amandeep Singh Khurana vs ITO, disallowance u/s 36(1)(va) not valid for delayed PF/ESI deposit if made before return filing.

Delayed deposit of ESI/PF u/s 36(1)(va)- ITAT allowed deduction

December 26, 2021 1833 Views 0 comment Print

Transzone Logistrics (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) It is an undisputed fact that though there has been delay in deposit of PF/ESI dues but it is also an undisputed fact that money collected from employees, have been deposited with the appropriate authorities before filing of return of income. We find that Delhi Bench […]

Bright-line test for TP adjustment on AMP expenditure is unsustainable in law

December 25, 2021 7890 Views 0 comment Print

Timex Group India Ltd. Vs ACIT (ITAT Delhi) Brief facts of the case are that the assessee is a company engaged in the business of manufacture, trading, sale and servicing of quartz, analogue and digital watches and watch components; manufacture and sale of plastic components, tools and moulds; and rendering information technology and financial support […]

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