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ITAT Delhi

Govt subsidy to incentivize industries in backward areas to provide employment is capital in nature & not revenue

May 14, 2022 3339 Views 0 comment Print

Jindal Steel & Power Limited Vs Addl. CIT (ITAT Delhi) Facts in brief are that the assessing officer has, in the assessment order, while holding the impugned subsidy as revenue receipt, simultaneously reduced the same from cost of fixed assets, while applying provisions of Explanation 10 to section 43(1) of the Act resulting in double […]

No liability of TDS on GTA India for payment made to GTIL, UK towards membership fee

May 14, 2022 17898 Views 0 comment Print

Grant Thornton Advisory (P.) Ltd. Vs DCIT (ITAT Delhi) Conclusion: No TDS was to be deducted under section 195 on payment made by assessee to GTIL, UK towards membership and subscription fee as the relationship between GTIL, UK and its members would be governed by the principle of mutuality, hence, would not be taxable. Held: […]

Section 40A(3) not applies on cash purchases made from Mandi Samiti

May 14, 2022 7248 Views 0 comment Print

KRBL Ltd. Vs DCIT (ITAT Delhi) During the course of assessment proceedings, the appellant submitted that the cash purchases were made by it from Mandi Samitis located across UP from farmers and hence did not fall under the ambit of the provisions of section 40A(3) of the Act, as the same were covered by Rule […]

Depreciation allowable on finance leased assets related to Business

May 14, 2022 516 Views 0 comment Print

DCIT Vs IFCI (ITAT Delhi) Issue- On the facts and circumstances of the case, the Ld. CIT (A) has erred in deleting the disallowance made on depreciation of finance leased assets amounting to Rs. 1,31,63,444/- holding that it is one of the business of assessee. Held- Depreciation of finance least assets is related to the […]

Reassessment Based on wrong and incorrect facts is bad in law

May 14, 2022 3816 Views 0 comment Print

Keshav Saran Vs ACIT (ITAT Delhi) In the present case, the assessee has actually filed the return of income and the Assessing Officer in the satisfaction note noted that the assessee has not filed return of income. Thus, we safely presume that the Assessing Officer has initiated reassessment proceedings by mentioning wrong and incorrect facts […]

Interest on enhanced compensation under Land Acquisition Act is not taxable: ITAT Delhi

May 14, 2022 7725 Views 0 comment Print

Pranav Saran Vs ACIT (ITAT Delhi) There are divergent views on this taxability of interest on the enhanced compensation awarded u/s 28 of the Land Acquisition Act wherein the Hon’ble Punjab & Haryana High Court has consistently taking a view that it is an income to be treated under the head ‘income from other sources’. […]

Legal fees on business activity, which was ultimately abandoned allowable as revenue expense

May 13, 2022 1020 Views 0 comment Print

Esteem Finventures Limited (Now Kapedome Enterprises Limited)  Vs ACIT (ITAT Delhi) ITAT is of considered opinion that the ld. CIT(A) has confirmed the addition by stretching too far the rules of prudence. The Ld. AO himself observed in the order that the services engaged were from top most legal professionals. If that was the view […]

TPO/AO cannot apply wrong method in absence of audited financials of AE

May 12, 2022 1002 Views 0 comment Print

TPO/AO cannot apply wrong method in the absence of material ie: audited financials of AE. More so, TPO/AO cannot even give the benefit as well to assessee for non co­operation for providing the audited financials of AE.

Claim of forfeiture of Advance Rent allowable as business expense

May 10, 2022 1653 Views 0 comment Print

Advances rent during the course of opening of showroom were given in the course of business by assessee and for the purpose of commercial expediency. Therefore, forfeiture of the same by the concerned party had rightly claimed by assesseee as business loss.

Section 154 Rectification order cannot be Passed on Debatable Issue

May 10, 2022 3021 Views 1 comment Print

Allied Agencies Vs ITO (ITAT Delhi) Hon’ble Apex Court in the case of TS Balaram Vs. Volkart Brothers 82 ITR 50 (SC) clearly held that a mistake apparent on the record must be an obvious and patent mistake and not something which has to be established by a long drawn process of reasoning on points […]

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