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ITAT Delhi

Depreciation on Resorts allowable for full year despite having seasonal business

January 10, 2022 2268 Views 0 comment Print

Niyant Heritage Hotels [P] Ltd Vs I.T.O (ITAT Delhi) There Is no dispute that the assessee is running a resort at Raj Niwas Palace, Dholpur. It Is also not In dispute that being a tourist place, the occupancy is not throughout the year but only in seasons favourable to the tourists. Therefore, basis the revenue […]

Revenue cannot deny section 154 Rectification merely because return was filed online

January 10, 2022 1860 Views 0 comment Print

New Vision Net to Home (P) Ltd Vs ITO (ITAT Delhi) The assessee noticed the error in its computation of fringe benefits and moved a rectification application which was denied by the AO who was of the opinion that the online filed ITR cannot be rectified u/s.154. We have carefully considered the grievance of the […]

Assessee cannot be asked to prove source of source under Section 68

January 10, 2022 11901 Views 0 comment Print

ACIT Vs S.P. Singla Construction P. Ltd. (ITAT Delhi) Income Tax Act, 1961, Section 68 Conclusion: In present facts of the case, the Hon’ble Tribunal dismissed the Revenue appeal under Section 6 of the Income Tax Act and held that that assessee discharged its initial onus to prove the identity of the Investors, their creditworthiness […]

Expenses towards provision for pension fund allowable as expenses

January 5, 2022 1743 Views 0 comment Print

ACIT Vs Punjab & Sind Bank (ITAT Delhi) The issue in the present ground is with respect to the disallowance of contribution to Punjab & Sind Bank Employees Pension Fund Trust under Section 36(1)(iv) of the Act r.w. Rule 87 & 88 of the Income Tax Rule, 1962. We find that identical issue arose before […]

Diamond studded in Gold Jewellery eligible to be included in calculation of Limit as per CBDT instruction

January 3, 2022 4491 Views 0 comment Print

Suresh Bansal Vs DCIT (ITAT Delhi) Basing on the CBDT instruction No 1916 dated 11/5/1994 and while referring to the answer to question No. 10 in the statement of the assessee recorded at the time of search and seizure, Ld. AR submitted that out of the total gold of 590 g, learned Assessing Officer only […]

ITAT allows trade incentive/Discount/issuance of free handsets to distributor as business expense

January 3, 2022 2502 Views 0 comment Print

Nokia India Pvt. Ltd. Vs ACIT (ITAT Delhi) Conclusion: In present facts of the case, the Hon’ble Tribunal observed trade incentive to distributor, trade discounts and issuance of handsets on Free of Cost as business expense. Facts: The assessee company filed its return of income on 30.11.2013 declaring total income at Rs.5,35,77,93,880/-. Later, the return […]

Providing scholarships to students in foreign university is a business expenditure

January 3, 2022 1665 Views 0 comment Print

Harish N. Salve Vs ACIT (ITAT Delhi) Conclusion: In present facts of the case, the Hon’ble Tribunal held that providing scholarships to students in foreign university is a business expenditure. Facts: Assessee is an Advocate by profession and is stated to derive income from Business, Capital Gain and Other Sources. Assessee filed his return of […]

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

January 1, 2022 8931 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 4236 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 1398 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 […]

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