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ITAT Delhi

Section 40A(2)(b) disallowance without proving that payments are over & above market rates are not valid

April 26, 2021 3168 Views 0 comment Print

DCIT Vs M/s Interarch Building Products (P) Ltd. (ITAT Delhi) The relevant part of the order of the ld. CIT (A) on this issue pertaining to payments made to Mr . Arvind Nanda, with regard to the vehicle purchase, payment made to M/s Intertec on account of job work and the rental payments has been […]

Disallowance on adhoc basis for personal element without evidence cannot be upheld

April 24, 2021 2661 Views 0 comment Print

New Delhi Tyre House Vs ACIT (ITAT Delhi) In this case a Ground  is on account of confirmation of disallowances out of telephone tours, and other expenses including depreciation on the car stating that involvement of the personal element of the partners of the firm cannot be ruled out. Both the lower authorities have confirmed […]

Receipts from Sale of licence software is not a royalty : ITAT Delhi

April 24, 2021 723 Views 0 comment Print

Symantec Asia Pacific Pte. Ltd. Vs DCIT (ITAT Delhi) The Assessing Officer raised a query that the consideration amounting to Rs.242,52,89,282/- on sale of licence software should be treated as receipts received on account of sale of licence software as royalty. The issue of software income is not a royalty income is settled by the […]

Notice served through affixture after office hours without proper witness is invalid

April 24, 2021 3528 Views 0 comment Print

Digvijay Advisor Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the above reply of the Assessing Officer shows that notice u/s 148 dated 31.03.2015 was served on the assessee through affixture in presence of Inspector of the Ward. From the details filed by the assessee in the paper book, it is seen that the […]

Loss arising from exempt source income u/s 10(38) held allowable to be set-off or carried forward

April 24, 2021 8991 Views 0 comment Print

The main issue in this appeal is whether loss from sale of long term capital share on which security transaction tax has been paid should be allowed to be carried forward for set off even though the income from such transfer of long term capital asset is exempt u/ s 10 (38).

Actual Receipt of Money mandatory to invoke section 68

April 23, 2021 4368 Views 0 comment Print

ITO Vs Zexus Air Services Pvt. Ltd. (ITAT Delhi) It is an undisputed fact that there is no actual receipt of any cash by the assessee company in the instant case towards issue of share capital and such shares were issued in lieu of goodwill. In the instant case, the assessee has debited goodwill account […]

Loss of earlier year cannot be set-off if not declared in Original or Revised Return

April 20, 2021 858 Views 0 comment Print

Shailaja Vs ITO (ITAT Delhi) It is pertinent to note that the assessee has filed original  return  of income as on 31/08/2015 declaring an income of Rs. 5,71,960/- along with paying of double taxes of Rs. 43,230/- including self-assessment tax of Rs. 33,230/- on 31/8/2015. In the original return of income loss against sale of […]

Section 35(2AB) Deduction for Scientific research expenditure- ITAT restores file to PCIT

April 16, 2021 1785 Views 0 comment Print

Botil Oil Tools (I) Pvt. Ltd. Vs PCIT (ITAT Delhi) Facts of the case, in brief, are that the assessee is a company engaged in the business of manufacturing Oil Field Drilling and Production Equipment, which are used for drilling the Wells to pull out the oil from the wells. It filed its return of […]

Employees contribution to ESIC & PF allowable when payment is made

April 16, 2021 3285 Views 0 comment Print

DCIT Vs Dee Development Engineers Ltd. (ITAT Delhi) The assessee company has not deposited the employees’ contribution within the due date which is prescribed under the said statute i.e. Provident Fund and ESIC. This issue is dealt by the Hon’ble Delhi High Court in case of CIT vs. M/s Bharat Hotels Ltd. 410 ITR 417 […]

Exempt income cannot be taxed merely for not mentioning in ITR ‘Schedule EI’

April 15, 2021 9603 Views 0 comment Print

Goodwill Management Pvt. Ltd. Vs DCIT (ITAT Bangalore) The assessee, out of ignorance or inadvertence has omitted to mention the details of exempt income in the relevant ‘Schedule EI’. So, the ignorance of the assessee or inadvertent mistake committed by the assessee should not come in his way in claiming exemption, which is otherwise allowable […]

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