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ITAT Delhi

Section 43B not applicable on electricity duty collected on behalf of Government

November 4, 2020 2568 Views 0 comment Print

Paschimanchal Vidhyut Vitran Nigam Ltd. Vs DCIT (ITAT Delhi) AO noticed that assessee had made assessment of electricity duty of Rs. 5,52,98,00,000/- of which Rs. 3,44,22,00,000/- was adjusted from the subsidy and the balance amount of Rs.2,08,76,00,000/-was not paid by the assessee before filing the return of income. Assessee was asked to justify as to […]

No Section 14A disallowance without Recording Proper Satisfaction

November 4, 2020 1116 Views 0 comment Print

The issue under consideration is whether the disallowance made by AO u/s 14A is justified in law? In view of the fact that no proper satisfaction was recorded, in our considered opinion, the Assessing Officer did not acquire any valid jurisdiction for computing disallowance u/s 14A.

NRI expense for business purpose by non-resident bank allowable

November 4, 2020 1674 Views 0 comment Print

Standard Chartered Grindlays Bank Vs ACIT (ITAT Delhi) The assessee is a non-resident banking company which carries on the business of banking and other related activities through its branches in India in accordance with the provisions of Banking Regulation Act, 1949. During the year, Indian Permanent Establishment (in short PE) of the assessee bank in […]

Provision for Mobile Phone Warranty Cannot be disallowed for mere Technology Improvement

November 4, 2020 1269 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in disallowing the provision for warranty of mobile phone merely on the basis of improvement in technology is justified in law?

No cancellation of registration u/s 12AA(3) since inception in absence of cogent material

November 2, 2020 4293 Views 0 comment Print

Order of the PCIT cancelling the registration since inception, u/s 12AA(3) was legally not valid as no material was being referred by PCIT and its applicability to any of the provisions of Section 2(15) and/or Section 12AA(3) while revoking the registration. 

Section 153C notice without recording Satisfaction Note is unjustified

October 31, 2020 10182 Views 0 comment Print

The issue under consideration is whether the issuing notice u/s 153C to the person other than person against whom search is initiated, but without submitting satisfaction note is justified in law?

ITAT allows Deduction u/s 80HH, 80I & 80IA on Processed Natural Gas Supply

October 31, 2020 1575 Views 0 comment Print

The issue under consideration is whether the deduction claimed u/s 80HH, 80I and 80IA for production, processing, transmission and distribution of various gases is justified in law?

Income from Sale of Land held as Stock for 13 years is Business Income

October 31, 2020 15315 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming an addition of by treating sale of land as business income against the appellant’s claim as “Long Term Capital Gain”?

Section 40A(2)(b) Addition allowed against Expense only & Not against Income

October 31, 2020 15651 Views 0 comment Print

The issue under consideration is whether the addition made u/s 40A(2)(b) in case of estimation of income without doubting expenses incurred by assessee is justified in law?

AMP expenditure do not constitute an international transaction

October 30, 2020 2226 Views 0 comment Print

Bacardi India Pvt. Ltd. Vs ACIT (ITAT Delhi) Under Sections 92B to 92F, the pre-requisite for commencing the TP exercise is to show the existence of an international transaction. The next step is to determine the price of such transaction. The third step would be to determine the ALP by applying one of the five […]

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