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ITAT Delhi

Omission to claim deduction u/s 57(iv) is rectifiable under Section 154

February 5, 2022 3516 Views 0 comment Print

Dhanesh Kumar Jain Vs ACIT (ITAT Delhi) In this case Assessee by mistake not claimed deduction u/s. 57(iv) of Income Tax Act, 1961 i.e. @ 50% of interest on compensation that was received by Assessee on acquisition of his agricultural land by Land Collector. ITAT held that mistake, was in the nature of a mistake […]

No capital gain tax on disputed pending transfer of shares

February 5, 2022 2334 Views 0 comment Print

Where the legality and validity of the agreement was under challenge, there was no infirmity into the order of CIT(A) to the extent it was held that the transfer of shares could not be subjected to capital gain tax in the year under consideration on the ground that the entire transaction had not fructified.

Mere suspicion of transaction cannot conclude unsecured loan as unexplained

February 4, 2022 3921 Views 0 comment Print

Unsecured loan– It is seen that merely because the Lender Company had substantial funds through borrowings, AO suspected the Assessee to have created layers of intermediaries to bring in Unaccounted money, and on the basis of such suspicion, drew adverse conclusion against the genuineness of the Unsecured Loan and treated it as Unexplained merely on the basis of such suspicion.

Interest on income tax refund received by non-resident companies is taxable irrespective of PE

February 3, 2022 4908 Views 0 comment Print

Interest on income tax refund received by the non-resident companies shall be taxable as per the provision of Tax Treaty irrespective of the fact that whether the assessee has PE in India or not.

Bad Debts allowable if written off in books of account despite non-reply by such debtor to Section 133(6) notice

January 31, 2022 1893 Views 0 comment Print

GBT India Pvt. Ltd. Vs National E–Assessment Centre (ITAT Delhi) During the course of scrutiny assessment proceedings, the Assessing Officer noticed that the bad debts are related to very brand conscious entities, which by no stretch of imagination can be made as bad debts. The Assessing Officer further observed that the assessee has not furnished […]

ITAT set-aside Section 12A order passed by CIT(E), which was passed without considering objection of Appellant

January 30, 2022 1218 Views 0 comment Print

ICMAI Registered Valuers Organisation Vs CIT (E) (ITAT Delhi) From a bare reading of the impugned order under section 12AA of the Act, it appears that the assessee has failed to respond to the requirements of the CIT(E) to enable him to appreciate the relevant facts for the purposes of registration. However, in the same […]

Activities of ‘Ernet India’ are charitable & eligible for Section 11 exemption

January 30, 2022 951 Views 0 comment Print

DCIT Vs Ernet India (ITAT Delhi) The facts in brief are that assessee is an Autonomous Society under the Department of Information & Technology, Ministry of Communication & Information Technology, Government of India, which was established as a non-profitable organization. It was registered under Section 12A of the Act vide certificate / order dated 26.03.2004. […]

Amount given for purchasing share holding cannot be treated as Loan for Section 2(22)(e)

January 30, 2022 1275 Views 0 comment Print

ITO Vs GRA Enterprises (ITAT Delhi) Assessing Officer while framing the assessment notice observed that the assessee had received total unsecured laon expenditure of Rs. 22,21,29,723/-, during the year out of which an amount of Rs. 950,000,00/- was received from M/s Telecare Network India (P), a closely held company having its office at Zen House, […]

Section 54F deduction claimable to the extent of capital gain amount utilized till return filing under Section 139(4)

January 30, 2022 5694 Views 0 comment Print

Smt. Chander Kanta Maheshwari Vs ITO (ITAT Delhi) Deduction under section 54F of the Act can be claimed to the extent of amount of capital gain utilized till the filing of the return under Section 139(4) of the Act. As in the instant case, the ld. Commissioner allowed the deduction under Section 54 of the […]

ITAT rejects Fabrics business theory put by a practicing CA to explain Cash Deposits

January 30, 2022 1653 Views 0 comment Print

Ram Avtar Bansal Vs ITO (ITAT Delhi) The assessee was asked to explain the source of cash deposited in the aforementioned bank accounts. In his reply, the assessee accepted that the gross receipts of Rs. 60,02,800/- belong to him and simultaneously submitted a revised return on 18/1/2015. The gross receipts were shown as income from […]

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