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ITAT Delhi

No Addition on Sole Basis of Statement Without Cross Examination When Specifically Requested

February 18, 2021 2652 Views 0 comment Print

TRN Impex Pvt. Ltd Vs ITO (ITAT Delhi) It is not in dispute that reopening of the assessment was made on the basis of the search conducted in the cases of Shri Deepak Agarwal and Shri Mukesh Kumar. Their statements were also recorded which were adverse in nature against the interests of the assessee. Certain […]

Tax on option price received against a right to purchase shares

February 18, 2021 1089 Views 0 comment Print

Dabur Invest Corp Vs JCIT (ITAT Delhi) Only issue before the Coordinate bench in that case was in which year the income accrues. It was not the issue before the coordinate bench that whether the money received by the assessee as an option price is a revenue receipt or a capital receipt. In the facts […]

Depreciation allowable on fixed assets purchased by assessee in cash

February 17, 2021 4827 Views 0 comment Print

Daawat Foods Ltd. Vs ACIT (ITAT Delhi) As far as the disallowance of the depreciation of Rs.93,406/-on the capital expenditure is concerned, we find that AO has disallowed the depreciation on the capital expenditure of Rs.5,35,468/- which has been stated to have been incurred by the assessee in cash. We find that the Co-ordinate Bench […]

ITAT dismisses Appeal as appellant filed application under VSV Scheme

February 17, 2021 696 Views 0 comment Print

Abid Ali Vs ACIT (ITAT Delhi) FULL TEXT OF THE ORDER OF ITAT DELHI The present appeal has been filed by the assessee against the order of the ld. CIT(A), Aligarh dated 06.11.2017. 2. At the outset, it was brought to the notice of bench by the ld. AR that the assessee has filed application under […]

Section 234B not applicable if no liability for payment of advance tax

February 16, 2021 2271 Views 0 comment Print

Amadeus IT challenges DCIT’s order on CRS income, PE, and attribution. Key issues include tax liability, PE determination, and expenditure disallowance.

Section 68 addition unjustified when Assessee submit confirmation & bank statement of Creditor

February 13, 2021 1653 Views 0 comment Print

Aarya Organic Foods & Ayurvedic Industries Pvt. Ltd. Vs ITO (ITAT Delhi)  As far as addition of Rs.5 lakh of amount received from Sh. Jasbir Singh is concerned, we find that CIT(A) has given a finding that his confirmation, bank statement evidencing bank transfer is on record but since he had not given source of […]

TNMM is best Method to benchmark international transactions with AE

February 13, 2021 1770 Views 0 comment Print

DCIT Vs Knorr Bremse India Pvt. Ltd. (ITAT Delhi) TNMM is the Most Appropriate Method to benchmark the international transactions entered into by the taxpayer with its AE qua professional consultancy services (information technology) and fee for management support services but TPO, for the reasons best known to him and to our mind to generate […]

No Section 68 Addition for Unsecured Loans merely for Low Income declared by creditors

February 11, 2021 11847 Views 0 comment Print

Hindon Forge Vs DCIT (ITAT Delhi) It is not in dispute that assessee filed confirmation of all the creditors supported by their computation of income, acknowledgment of filing of the returns, copy of the balance-sheet, copy of the ledger account of the assessee in their books and bank statements. Copies of the same are also […]

ITAT upheld Addition for cash deposited in bank during demonetization period for failure to explain Source

February 11, 2021 3456 Views 0 comment Print

Leela Devi Vs ITO (ITAT Delhi) It is not in dispute that assessee made cash deposit of Rs. 15 lakhs in her bank account during demonetization period. The assessment year under appeal is 2017-18 and the assessee deliberately filed the return of income belatedly on 25.03.2018. The assessee explained before AO the source of the […]

Time limit of reckoning for section 54 is to be read as 139(4) & not as 139(1)

February 10, 2021 4335 Views 0 comment Print

Harminder Kaur Vs ITO (ITAT Delhi) In the instant case, the assessee has claimed deduction under section 54 of the Act against booking of flat before the due date of filing of return under section 139(4) of the Act. The Assessing Officer and the Learned CIT(A) has denied the deduction on two grounds. Firstly, the […]

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