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ITAT Delhi

ITAT Allows Depreciation on Capitalised Jamnagar Loni Pipeline & Gandhar Plant Cost to GAIL

December 1, 2020 1308 Views 0 comment Print

Gail (India) Ltd. Vs Addl. CIT (ITAT Delhi) The rebuttal of the assessee have been considered thoroughly with the relevant documentary evidences referred therein and placed in the paper book. Considering the facts in totality, we are of the considered view that assessee has successfully commissioned the Jamnagar Loni Pipeline and the LPG Gas Processing […]

Gail allowed section 801/ 80IA deductions on Lean gas Manufacturing / Processing

November 30, 2020 1176 Views 0 comment Print

Gail (India) Ltd. Vs DCIT (ITAT Delhi) ITA No. 5775/Del/2014 and ITA No. 5912/Del/2014 are cross appeals by the assessee and revenue preferred against the order of the CIT(A)-LTU, New Delhi dated 28.8.2014 pertaining to assessment year 1998-99. Both these appeals were heard together and are disposed of by this common order for the sake […]

ITAT remands back the issue of Section 271(1)(c) Penalty to AO

November 29, 2020 1014 Views 0 comment Print

Fox Mandal & Co. Vs ACIT (ITAT Delhi) It is an admitted fact that despite number of opportunities granted by the Ld. CIT(A), there was no compliance from the side of the assessee for which the Ld. CIT(A) was constrained to decide the appeal exparte and thereafter sustained the penalty levied by the AO u/s. […]

Deduction u/s 54F Not Eligible for Investment Made in two Differently Placed Properties

November 28, 2020 7338 Views 0 comment Print

The issue under consideration is whether the investment made in two different properties out of the capital gains is eligible for deduction u/s 54F?

Revenue Generated from Bookings Made within India Attributable to PE, Hence Taxable in India

November 28, 2020 1716 Views 0 comment Print

The issue under consideration is whether revenue generated from the bookings made within India is the revenue attributable to the PE of the assessee is taxable in India?

Income Tax cannot be levied on Securities Premium Merely because It Used to Set Off Losses

November 28, 2020 3306 Views 0 comment Print

The issue under consideration is whether tax is applicable on securities premium merely because it used to set off losses? AO does not have the jurisdiction to go beyond the net profit shown in the Profit & Loss Account except to the extent provided in the Explanation to section 115J.

Claim Allowed in Original Assessment Cannot be Amenable to Provisions of Section 147/148

November 28, 2020 1200 Views 0 comment Print

The issue under consideration is whether the notice issued under section 147 for re-opening of assessment is justified in law? A claim which has been allowed in the original assessment proceedings after examination of the relevant details and facts cannot be amenable to provisions of Section 147/148 of the Act.

ITAT Remand Case to AO for Determining ALP of Purchase Transaction of FA by Appellant to its Overseas AEs

November 28, 2020 1872 Views 0 comment Print

The issue under consideration is whether rejecting the benchmarking approach and methodology followed by the Appellant for determining the ALP of the transactions pertaining to purchase of fixed assets by the Appellant to its overseas AEs is justified in law?

Enhancement by CIT(A) on an issue which were not part of reasons recorded for reopening the assessment are invalid

November 27, 2020 1698 Views 0 comment Print

Harendra Singh Vs ITO (ITAT Delhi) CIT(A) while deleting the sole foundational issue on which the re-assessment proceedings were initiated, cannot go further and examine an issue which was not even the subject matter of re-assessment proceedings Since the reopening was to verify the purchase transaction and since the said transaction never took place and, […]

ITAT dismisses revenue appeal due to Monetary Limit & Assessee Appeal for non attendance

November 27, 2020 693 Views 0 comment Print

DCIT Vs Zorawar Vanaspati Ltd. (ITAT Delhi) The issue under consideration is whether the cross objection filed by the revenue regarding levying penalty u/s 234A and 234B of the Act on returned income is justified in law? ITAT states that as far as Revenue’s appeal is concerned, an undisputed fact that the Revenue’s appeal is […]

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