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ITAT Delhi

In absence of any defect DCF valuation method of Assessee cannot be rejected

October 15, 2020 3105 Views 0 comment Print

Intelligrape Software Pvt. Ltd. Vs ITO (ITAT Delhi) When the assessee Company had opted for valuation of unquoted equity shares in accordance with DCF method as prescribed under clause (b) of specific Rule 11UA(2) as applicable, the AO/CIT(A) had no power/authority to change such valuation methodology and adopt a different book value method as prescribed […]

ITAT upheld TP adjustment for outstanding debtors beyond agreed period

October 14, 2020 1860 Views 0 comment Print

Bharti Airtel Services Ltd. Vs DCIT (ITAT Delhi) In the present case the service agreement clearly says that the amount of payment is to be made by the associated enterprises to the assessee within 15 days. Such payment was not made within that period but beyond that. The learned assessing officer held that the amount […]

Section 14A disallowance not sustainable if proper satisfaction not recorded

October 14, 2020 1251 Views 0 comment Print

Vinay Bhasin Vs ACIT (ITAT Delhi) Assessee made heavy investments for earning of exempt income and being a busy professional, he requires the management of such a portfolio by incurring expenses, diversion of man-power/staff for indulging in investment activities to various activities like visiting banks, use of vehicle and telephone, use of internet if portfolio […]

Tax rates specified in DTAA in respect of dividend must prevail over DDT

October 14, 2020 5859 Views 0 comment Print

Giesecke & Devrient [India] Pvt Ltd. Vs ACIT (ITAT Delhi) To recapitulate, the DDT is levy on the dividend distributed by the payer company, being an additional tax is covered by the definition of ‘Tax’ as defined u/s 2(43) of the Act which is covered by the charging section 4 of the Act and charging […]

Addition based on Post Search Enquiries invalid if no Incriminating Material found During Search

October 13, 2020 2625 Views 0 comment Print

Mahalaxmi Buildwell India Pvt. Ltd. Vs DCIT (ITAT Delhi) We find, the AO, in the instant case, has made addition of Rs.17,15,113/- for assessment year 2009-10 and Rs.30 lacs for assessment year 2010-11 in the orders passed u/s 153A r.w. section 143(3). A perusal of the assessment order shows that the addition of Rs.16,77,983/- out […]

Depreciation eligible on goodwill recorded pursuant to a business transfer agreement

October 13, 2020 2208 Views 1 comment Print

DCIT Vs Ebix Software India Pvt. Ltd. (ITAT Delhi) The Assessing Officer has held that the cost of the purchase consideration over the tangible assets is to be treated as payment for the non-compete fees as there was no goodwill with the seller and creation of the goodwill is misleading. The aforesaid finding is based […]

Funds raised by FCCB Buy Back at Discounting Rate is Not Business Income

October 13, 2020 966 Views 0 comment Print

The issue under consideration is whether the funds raised from buy back of FCCB at discounting rate is  considered as business income and tax u/s 28 of the Income Tax Act?

Activities promoting Handloom Sector Eligible for section 11 & 12 Exemption

October 11, 2020 1950 Views 0 comment Print

The issue under consideration is whether the activities involved towards promotion of handloom sector is eligible for exemption under section 11 and 12 of Income Tax Act?

Section 80IAB Deduction allowable to DLF on profit & gains from SEZ development

October 11, 2020 3141 Views 0 comment Print

DLF Ltd. Vs. JCIT (ITAT Delhi) Conclusion: Deduction of Rs. 1.78 Billion in respect of profits derived on account of development considerations of bare shells would constitute profits and gains derived from business of developing any Special Economic Zone within the meaning of Section 80 IAB and was allowable to DLF Limited. Held: Assessee-company was […]

No Tax on transfer of property under family settlement

October 11, 2020 51900 Views 0 comment Print

In this case, since there was a Family Settlement between the assessee and three brothers and they have acted upon Family Settlement Deed and distributed various properties among themselves and necessary rights and title are transferred in favour of each brother would show that parties have entered into genuine transaction.

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