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ITAT Delhi

Mere Vague Air Information of Cash Deposit Not Sufficient to believe Escapement of Income

February 10, 2021 4230 Views 0 comment Print

Harmeet Singh Vs ITO (ITAT Delhi) At the time of hearing, Ld. Counsel of the assessee has only argued the legal ground and stated that the reopening action of the AO and confirmation thereof by the Ld. CIT(A) is in violation of mandatory jurisdictional conditions stipulated under the Act. It was further stated that the […]

Delhi School was allowed to claim carry forward of losses

February 9, 2021 1380 Views 0 comment Print

Adjustment of deficit of current year against income of subsequent year would amount to the application of income of the trust for charitable purposes in subsequent years within the meaning of section 11(1)(a).

Purchases not become Bogus merely for non-production of Parties

February 8, 2021 2430 Views 0 comment Print

ACIT Vs. M/s GTM Builders & Promoters Pvt. Ltd. (ITAT Delhi)  As per accounting standards AS-7, the purchases and working progress have to be reconciled along with architect report. The AO has not rejected the books of accounts and accepted the book profits while making the addition. The Assessing Officer’s observation that none of the […]

Section 68 addition cannot be made merely for Low Income of Creditor

February 5, 2021 2604 Views 0 comment Print

Carissa Investment (P) Ltd. Vs ACIT (ITAT Delhi) In this case assessee-company has been able to prove that both the creditors have availability of sufficient funds to give loan to the assessee-company in assessment year under appeal. Merely because income was low declared by both the creditors, is no ground to make the impugned addition […]

SEZ developer eligible for Section 80IAB deduction on Leasing Income

February 3, 2021 9162 Views 0 comment Print

DCIT Vs DLF Assets Pvt Ltd. (ITAT Delhi) The assessee is without doubt a Developer of a SEZ, having been in fact allowed deduction u/s.80-IAB on it’s other income/s, as from service agreements, chargeable u/s. 28. That the said income is assessable as business income, and only rightly so, inasmuch as the source thereof is […]

Market Linked Focus Product Scrip (MLFPS) is a capital receipt

February 2, 2021 4005 Views 0 comment Print

Bharat Rasayan Ltd. Vs ACIT (ITAT Delhi) We have also examined the para no. 3.15.3 of the scheme document of the Foreign Trade Policy of Government of India, Ministry of Commerce and Industry wherein it was specified that market linked focus products scripts (MLFPS) is meant for export of products of high export intensity employment […]

Reopening based on investigation wing info without independent application of mind by AO was invalid

February 2, 2021 4788 Views 0 comment Print

R.S. Shares & Securities Ltd. Vs ITO (ITAT Delhi) It is well settled law that validity of the reassessment proceedings is to be determined on the basis of the reasons recorded for reopening of the assessment. Copy of the same is filed at pages 2 to 4 of the Paper Book. The AO in the […]

ITAT confirms addition for cash deposited during demonetization

February 1, 2021 2745 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 […]

Reopening on Estimate Based on Vague Information Is Not Valid

February 1, 2021 3501 Views 0 comment Print

Vikas Chowdhary Vs ITO (ITAT Delhi) It is well settled law that validity of the reassessment proceedings is to be determined on the basis of the reasons recorded for reopening of the assessment. The reasons are reproduced above. The AO as per NMS information which was pushed into the ITD system came to know that […]

Interest on FDR prior to commencement of business is Capital Receipt

February 1, 2021 3432 Views 0 comment Print

Jaypee Powergrid Limited Vs ITO (ITAT Delhi) It is clear upon a perusal of the facts as found by the authorities below that the funds in the form of share capital were infused for the specific purpose of acquiring land and the development of infrastructure. Therefore, the interest earned on funds primarily brought for infusion […]

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