ITAT Delhi

No Authority under Law to Levy Section 234E Penalty prior to 01.06.2015

Ajvin Infotech Pvt Ltd Vs DCIT (ITAT Delhi)

Therefore, according to the Finance Act, 2015, prior to 01.06.2015, your good self had no authority to levy fee, if any, under Section 234E of the Act and thus levy of fee under Section 234E of the Act while processing the statement is beyond the scope of Section 200A of the Act....

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No section 69 addition in absence of evidence to prove that payment made beyond sale agreement

Rajendra Kumar Vs DCIT (ITAT Delhi)

Since there was no material available before AO that assessee had paid anything more than what was mentioned in the sale deed, therefore, no addition was warranted in the instant case by invoking the provisions of section 69. ...

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Section 41 addition cannot be made on basis of unsigned balance sheets

Rajshree Builder & Promoters Pvt. Ltd. Vs ITO (ITAT Delhi)

Addition by AO under section 41(1) as liability of ‘Trade Payables’ written off was not justified as the balance-sheets filed by assessee were neither signed by the Auditor nor by the Director and, therefore, the same were not reliable and assessee had failed to produce any confirmation to the effect that the assessee received payment...

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Penalty not leviable for non deduction of TDS due to reasonable cause

Santur Infrastructure Pvt. Ltd. Vs ACIT (ITAT Delhi)

Santur Infrastructure Pvt. Ltd. Vs ACIT (ITAT Delhi) We are of the considered view that firstly, the assessee was not required to deduct TDS as the payment of EDC was not made out of any statutory and contractual liability to HUDA with whom the assessee has no privity of contract; secondly, the assessee has reasonable […]...

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Section 54/54F exemption eligible on investment in new property in Wife’s name

Shri Ramphal Hooda Vs ITO (ITAT Delhi)

Shri Ramphal Hooda Vs ITO (ITAT Delhi) Whether the exemption under Section 54F is extendable to the assessee for the total consideration paid by him, for the purchase of the new asset (the residential property) in the joint name or the exemption would be entitled to the extent of the share of the assessee in […]...

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Capital Gain cannot be taxed to GPA holder, who is not the owner

Upma Shukla Proprietor Troubleshooters Vs ITO (ITAT Delhi)

This appeal by the assessee has been directed against the order of Ld. CIT(Appeals) challenging the additions on account of long term capital gains arising from transfer of land and also an addition on account of short term capital gains arising from transfer of building....

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No penalty for bonafide different perspective in ALP calculation

ITO Vs Tianjin Tianshi India Pvt. Ltd. (ITAT Delhi)

The assessee is one of the group companies of China based TIENS Group of Companies. The business of the assessee, is Trading/Distribution of Food Supplements and Health Care Equipments. The products dealt with by the Company are basically products manufactured at China or other places by Group concerns. Another Group Entity Tianjin Tiansh...

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Depreciation allowed on License/registration fee paid to Indian Railways

ACIT Vs Central Warehousing Corpn. (ITAT Delhi)

We find that the claim of depreciation in respect of license/ registration fee paid by the assessee to the Indian Railways is an asset whereon depreciation u/s. 32(1) is allowable....

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Loss claimed in Revised Return allowable despite Non-disclosure in Original Return

Sarvajit Bhatia Vs ITO (ITAT Delhi)

Where return was revised under section 139(5), therefore, the original return filed under section 139(1) would not survive and hence, the claim of loss not made in original return but claimed in revised return had to be allowed....

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No Disallowance for non deduction of TDS u/s 194H /194J in absence of principal-agent relationship & technical services

Nokia India Pvt. Ltd. Vs DCIT (ITAT Delhi)

Disallowance under Section 40(a)(ia) for non deduction of TDS u/s 194H and 194J on account of trade offers amounting to INR 834,92,63,976 provided by assessee to its distributors (HCL Info systems Ltd as well as other distributors) was not justified as there was absence of a principal-agent relationship thus, benefit extended to distribut...

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