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ITAT Delhi

Expenses incurred for retaining status of company are allowable

September 15, 2021 969 Views 0 comment Print

ACIT Vs Tulip Star Hotel Ltd. (ITAT Delhi) It remains an undisputed fact that the assessee was incorporated on 10.09.1987, made investments in V. Hotels Ltd, which had acquired Centaur Hotel in Mumbai from the Government intending to revive the business of such hotels, but in view of legal dispute with regarding to Centaur Hotel […]

Addition for Accommodation Entry not sustainable if no Adverse Finding by AO

September 13, 2021 3225 Views 0 comment Print

DCIT Vs Jaguar Buildcon Pvt. Ltd. (ITAT Delhi) We find that there is no dispute that the assessee has received share application money from six companies, out of which, from three companies assessee has received premium for sums aggregating to Rs.103,80,00,000/-. In the case of Ganesh Buildcon Pvt. Ltd., Feelgood Creation Pvt. Ltd., and Beyond […]

Employees Contribution to ESI & PF not allowable if paid after relevant due date

September 12, 2021 19593 Views 0 comment Print

Vedvan Consultants Pvt. Ltd. Vs DCIT (ITAT Delhi) The solitary ground is directed against the addition of Rs.94,33,788/- u/s 36(1)(va) of the Income Tax Act, 1961. Brief facts as noted from the impugned order are that an addition u/s 36(1)(va) has been made by the DCIT, CPC, Bangalore on account of delay in depositing the […]

ITAT not allows 100% depreciation on mobile valued less than ₹ 5000

September 10, 2021 2487 Views 0 comment Print

Niho Construction Limited Vs DCIT (ITAT Delhi) Assessee claimed 100% Depreciation on Mobile Phones, each of which cost less than Rs. 5,000/-. But Assessing Officer (AO) restricted the depreciation to 15%, treating them general plant & Machinery. Assessee approached ITAT and AO argued that List of items on which 100% depreciation is allowed is specifically […]

Interest on Non-Convertible Debenture- Shown in P&L A/c but offered for taxation on Maturity

September 9, 2021 6000 Views 0 comment Print

Barring private equity partners (India) private limited Vs ACIT (ITAT Delhi) If the Assessee select the option to received Interest on Non-Convertible Debenture at maturity but showing yearly interest in P/L account but offered to tax at the Maturity then AO cannot raise objection. The assessee had subscribed to 7500 NCDs of Rs. 1,000/- each […]

Employees contribution to PF/ESI paid before section 139(1) due date was allowable

September 6, 2021 12123 Views 0 comment Print

Indian Geotechnical Services Vs ACIT (ITAT Delhi) Conclusion: Deduction on payment of employees contribution towards PF/ESI made before the due date of filing Income Tax Return under section 139(1) was allowable as the amended provisions of section 43B as well as 36(1)(va) were not applicable for the assessment year under consideration. Held:  Assessee raised the […]

Bogus accommodation entry | Vague reasons not justify reopening

September 5, 2021 3258 Views 0 comment Print

Suraj Pulses Pvt. Ltd. Vs PCIT (ITAT Delhi) We find that as far as the reasons recorded, though there is a specific mention about amount of 20,50,000/- received by way of accommodation entry, however neither there is any mention from whom the assessee had received the amount nor what is the nature of the entry […]

Interest not Payable for Shortfall in TDS for cancellation of TDS certificate without intimation to deductor

September 5, 2021 1281 Views 0 comment Print

Integlobe Aviation Ltd. Vs ITO (ITAT Delhi) The Delhi Bench of Income Tax Appellate Tribunal (ITAT) ruled that the bonafide assessee is not liable to pay the interest on the amount of shortfall in tax deducted at source (TDS). The Assessee, M/s. Interglobe Aviation Ltd. claimed that short deduction in case of M/s. Federal Travel […]

Delhi ITAT Deduction on Late deposit of ESIC- EPF

September 4, 2021 4614 Views 1 comment Print

Vedvan Consultants Pvt. Ltd. Vs DCIT (ITAT Delhi) 1. In view of what has been discussed above and following the decision rendered by the Hon’ble jurisdictional High Court in case of CIT vs. Bharat Hotels Ltd. (supra), we are of the considered view that the assessee company is not entitled for deduction of Rs.4,29,110/- u/s […]

Taxability of compensation received by assessee for non-delivery of Villa under Builder-Buyer Agreement

September 2, 2021 35079 Views 0 comment Print

Smt. Abha Bansal Vs. Pr. CIT (Central) (ITAT Delhi) Taxability of the compensation received by the assessee for non-delivery of the Villa under Builder-Buyer Agreement The compensation received by the assessee on cancellation of the Builder-Buyer Agreement is capital receipt and taxable as capital gains. The view of the A.O. was, therefore, in accordance with […]

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