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ITAT Delhi

Interest on Idle fund deposited in bank temporarily is taxable as Business Income

January 30, 2022 3708 Views 0 comment Print

Habitate Realtech P. Ltd. Vs DCIT (ITAT Delhi) When it is a fact on record that the business fund lying idle with the assessee was invested in fixed deposit for earning some income which can be utilised in the business at the time of need, it has to be held that the interest income is […]

Expense on purchase of cigarettes, wines etc. cannot be allowed as business expenses

January 29, 2022 13446 Views 0 comment Print

Maharani of India Vs ACIT (ITAT Delhi) TDS not deductible on membership and subscription charges The membership and subscription charges are not covered under any specific sections provided under Chapter XVII-B of the Act. It is also very important to mention here that in the preceeding years i.e. A.Y. 2012-13 and 2013-14 as well as […]

Section 14A disallowance needs to be re-worked based on investments which yielded tax free income

January 28, 2022 2547 Views 0 comment Print

Zuari Investments Ltd. Vs ITO (ITAT Delhi) As far as the alternate submissions of the Learned AR in working the disallowance u/s 14A only after considering the investment which have yielded tax free income is concerned, we find force in the submission of Learned AR. We find that Hon’ble Delhi High Court in the case […]

Expenditure on Promotion of ‘Snapdeal’ Brand is Revenue expense

January 28, 2022 1920 Views 0 comment Print

Addl. CIT Vs Jasper Infotech Pvt. Ltd. (ITAT Delhi) Expenses w.r.t promotion for brand ‘Snapdeal’ are revenue in nature The Hon’ble Delhi Income Tax Appellate Tribunal in Additional Commissioner of Income Tax, New Delhi v. M/S Jasper Infotech Private Limited [ITA No 2605/Del/2017 (Assessment Year: 2012-2013) dated November 10, 2021] held that expenses involved for […]

Beyond a period of 4 years, retrospective amendment to section 115JB cannot be a ground for reassessment

January 27, 2022 1128 Views 0 comment Print

Court has held that beyond a period of 4 years, retrospective amendment u/s 115JB of the Act could not be a ground for reassessment. Such legal proposition requires no authority of law.

No deemed dividend on withdrawal by assessee as partner from partnership firm

January 24, 2022 1344 Views 0 comment Print

We hold that there is no question of treating the amount withdrawn by the assessee as partner from the partnership firm namely M/s SKA Enterprises in the nature of loan and advance and treat it as deemed dividend under section 2(22)(e) of the Income Tax Act. None of the ingredients of section 2(22)(e) stand satisfied in the instant case.

Making rash, careless, erroneous allegations against tax authorities should be strongly discouraged: ITAT

January 18, 2022 4461 Views 0 comment Print

Abdul Wahab Vs ITO (ITAT Delhi) The specific words which arouse ITATs concern are the allegation that the CIT(A) order under challenge is alleged to have been passed in routine, arbitrary and whimsical manner having no sustainability in law. On-going through the record in the specific case ITAT find that none of the above allegations […]

Converting of debentures out of debit balance cannot be treated as diversion of funds

January 17, 2022 924 Views 0 comment Print

Addl. CIT Vs G.S. Pharmbutor P. Ltd. (ITAT Delhi) It is undisputed fact that the assessee has not given any loan or advances during the year. As can be seen from the copy of account of M/s. Moderate Leasing & Capital Services Limited, assessee has been paying advances and loan to the said company from […]

ITAT deletes addition on account of Client Code Modifications

January 14, 2022 5853 Views 0 comment Print

DCIT Vs Futurz Next Services Ltd. (ITAT Delhi) In the instant case it is an admitted fact that the assessee is not a member of any exchange and cannot execute Client Code Modifications (CCM) and the transactions on account of CCM done by the group concerns are not found to be false or untrue and […]

ITAT upheld addition of unexplained Rs. 12.81 crore deposited in Bank

January 14, 2022 11400 Views 0 comment Print

Arun Duggal Vs DCIT (ITAT Delhi) Brief facts of the case are that information has been received from investigation division of the Income Tax department with regard to the two bank accounts maintained by the assessee which have not been disclosed to the Income Tax Department. Based on the information received, the Assessing Officer having […]

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