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ITAT Delhi

Forfeiture of convertible warrant results in extinguishment of right

January 28, 2021 3816 Views 0 comment Print

DCIT Vs Azalea Infrastructure Pvt. Ltd (ITAT Delhi) The facts clearly shows that on October 20, 2010, India Bulls Power Ltd pursuant to the provisions of Section 192A of the Companies Act, 1956 made a preferential allotment of 42 crore as fully convertible warrants to 4 different companies which are the entities promoted by the […]

Medical Insurance Premium for Family Members of Employees allowable

January 28, 2021 1188 Views 0 comment Print

Loesche India Pvt. Ltd Vs ACIT (ITAT Delhi) The record reveals that the assessee had paid the insurance premiums of the employees’ family members in terms of employment Rules framed by the assessee-company there for. Therefore, it can hardly be said that the impugned expenditure were not incurred wholly and exclusively for the purpose of […]

ITAT restricts Section 14A Disallowance to the extent of exempt income

January 28, 2021 1398 Views 0 comment Print

Disallowance u/s 14A got restricted to the extent of exempt income, even if the provisions of the section 14A were attracted.

TDS deducted on payment allowable as expense when Assessee follows cash Method

January 26, 2021 9426 Views 0 comment Print

Deloitte Haskins & Sells Vs ACIT (ITAT Delhi) Conclusion: Amount of tax deducted at source from the payment made to the recipient of such income could be said to be the amount of expenditure incurred by assessee and paid during the year and, therefore, it was allowable to assessee as business expenditure. Held: AO did […]

Adjustment on account of ALP of AMP expenses not sustainable

January 22, 2021 2304 Views 0 comment Print

Rayban Sun Optics India Ltd. Vs ACIT (ITAT Delhi) We are of the considered opinion that the ALP of an international transaction involving AMP expenses, the adjustment made by the TPO/DRP/AO is not sustainable in the eyes of law. At the same time, we cannot ignore the submission of the learned DR that the matter […]

Loss due to pull back of inventory from market on expiry of product allowable

January 22, 2021 2835 Views 0 comment Print

Hindustan Coca-Cola Marketing Company Pvt. Ltd Vs DCIT (ITAT Delhi) We have carefully considered the facts of the case that the assessee stated that approximately 10000 cases were pulled back by the assessee from the market in view of the exceptional quality issues. The assessee submitted that the above quality issue is the pulled back […]

Issue examined under original assessment cannot be reexamined by Reassessment

January 22, 2021 5934 Views 0 comment Print

Add. CIT Vs Ircon International Ltd (ITAT Delhi) When we examine the reasons recorded by the Assessing Officer in the instant case in the light of the decision of the Hon’ble Delhi High Court in the case of Madhukar Khosla (supra), it is evident that the Assessing Officer has merely perused the records available with […]

No TDS on discount/commission on sale of prepaid sim cards & Roaming Charges

January 20, 2021 1794 Views 0 comment Print

Vodafone Idea Ltd. Vs ITO (ITAT Delhi) At the outset, we find merit in the contention of the Ld. Counsel of the Assessee that in the absence of any adverse judgment by the Hon’ble Jurisdictional High Court, i.e., the Hon’ble High Court of Punjab & Haryana, there being divergence of judicial opinion on the subject […]

No TDS on discount to pre-paid mobile service distributors

January 20, 2021 1776 Views 0 comment Print

Discount offered on some of the prepaid mobile services did not partake the character of commission under Section 194H and hence there was no obligation to withhold tax on such discounts on pre­paid services. 

Section 80IC Deduction on interest earned from fixed deposits allowable

January 19, 2021 3366 Views 0 comment Print

AO was not justified in denying the claim of deduction under section 80IC as interest income earned was inextricably linked to the main business activity of assessee as it was earned from fixed deposits which was required to be maintained as per the statutory requirements.

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