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ITAT Delhi

Reopening not justified when all aspects were examined in original assessment proceedings

October 2, 2020 855 Views 0 comment Print

Nishit Fincap Pvt Ltd. Vs ITO (ITAT Delhi) Query No. 7 is in relation to share capital and share application money received. This means that specific query was raised in respect of share application money and vide reply dated 16.11.2009, the assessee furnished all details as required by the Assessing Officer. Pursuant to the reply […]

MIPL is not a Dependent Agency Permanent Establishment of Mitsui & Co.

October 2, 2020 1827 Views 0 comment Print

Mitsui & Co. Ltd. Vs DDIT (International Taxation) (ITAT Delhi) Since the lower authorities following the orders of the preceding years have held that M/s. Mitsui & Co. Ltd. has been constituted as Dependent Agent PE of the assessee company in India, therefore, following the consistent decisions of the Tribunal in assessee’s own case in […]

Purchase credited in books cannot be added under section 68

September 26, 2020 2604 Views 1 comment Print

Sanjay Sharma Vs. ACIT (ITAT Delhi) Assessing Officer has accepted not only he sales figures but has also accepted that total purchases. Under accounting principles, a liability can only be brought into account by a credit entry in the books of account in favour of the person to whom the money is payable’ Thus, there […]

Deduction of cess allowable as same is not covered under section 40(a)(ii)

September 26, 2020 1905 Views 0 comment Print

Midland Credit Management India Pvt. Ltd. Vs Addl. CIT (ITAT Delhi) Assessee by way of additional ground has claimed deduction of cess on the ground that the same is not covered under section 40(a)(ii) of the Act. The Hon’ble High Court of Bombay at Panaji bench in the case of Sesa Goa 423 ITR 426 […]

Interest on Borrowing invested in Shares of Subsidiary Companies in same line of business allowable

September 25, 2020 6936 Views 0 comment Print

ACB [India] Power Ltd. Vs DCIT (ITAT Delhi) Assessing Officer observed that the borrowings of the assessee also has been invested in share capital of subsidiary companies and even the funds raised during the year under consideration have been invested in subsidiary shares of group companies and also repaying the loans. The Assessing Officer was […]

Bright line test not appropriate for benchmarking AMP expenses

September 24, 2020 2631 Views 0 comment Print

Haier Appliances India Pvt. Ltd. Vs. DCIT (ITAT Delhi) This is not disputed by the Revenue as the TPO in order dated 21.10.2011 considered Vivek Limited as appropriate comparable for benchmarking AMP expenses, applying Bright Line Test. The TPO considered Vivek Limited as comparable as it is trader/re-seller of home appliances and does not own […]

Income which did not accrue could not be taxed as business income

September 23, 2020 1593 Views 0 comment Print

Settlement received from the Government of India was not coming under the purview of the business income as there was no business during the period and income which had not accrued to assessee could not be termed as business income.

Forfeited Security deposit given for lease allowable as Business Loss

September 22, 2020 10146 Views 0 comment Print

DCIT Vs Ebony Retail Holdings Ltd. (Delhi ITAT) It is not in dispute that assessee has given security deposit for taking the premises on lease. Learned Counsel for the Assessee referred to various replies filed by assessee-company at assessment stage which shows that assessee-company filed all the documentary evidences and explanation before A.O. on the […]

Protective adjustment- ITAT directs AO to decide in the light of MAP resolution

September 22, 2020 1488 Views 0 comment Print

BT Global Communications India Pvt. Ltd.  Vs. Addl. CIT   (Delhi ITAT) The only issue to be decided in the present appeal relates to protective adjustment on account of business restructuring that has taken place in assessment year 2010-11. We find that TPO/DRP have made adjustment on substantive basis in assessment year 2010-11. However, since […]

Depreciation cannot be disallowed for temporary closure of Business

September 21, 2020 4527 Views 0 comment Print

The issue under consideration is whether disallowance of depreciation on car and interest on car loan by AO is justified in law?

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