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ITAT Delhi

ITAT Allowed Exemption not claimed in ITR filed due to Inadvertence

September 21, 2020 1488 Views 0 comment Print

whether the additional ground submitted by the assessee should be allowed by the tribunal by considering that the assessee has not claimed exemption in the return filed due to inadvertence?

Resultant Company cannot claim Demerger Expenses U/s. 35DD

September 21, 2020 5811 Views 0 comment Print

The issue under consideration is whether the deduction u/s 35DD for demerger expenses is allowed to be claimed by resultant demerged company?

Disallowance of Expenditure u/s 14A by AO without Recording a Satisfaction is Not Justified

September 21, 2020 2142 Views 0 comment Print

The issue under consideration is whether the disallowance of expenditure u/s 14A by AO without recording a satisfaction is justified in law?

Interest Paid on Security Deposit obtained from Members of Society is allowed u/s 57(iii)

September 21, 2020 6711 Views 0 comment Print

The issue under consideration is whether the Interest paid on security deposit obtained from the members of society is allowed as expense u/s 57(iii) of the Act?

No additions on issues not part of limited scrutiny: ITAT Delhi

September 21, 2020 1866 Views 0 comment Print

Atul Gupta Vs ACIT (ITAT Delhi) It is an undisputed fact that the instant case was picked up for ‘Limited Scrutiny’ on two specific issues as reproduced in Para 2.0 above. It is also an undisputed fact that neither any permission was sought by the AO to expand the scope of limited scrutiny in the […]

Outstanding Receivables are Part of Working Capital Hence No Separate Benchmarking Required for them

September 19, 2020 1911 Views 0 comment Print

The issue under consideration is whether the addition made on imputing interest on outstanding receivable from associated enterprises as its separate international transaction and its determination of ALP is justified in law?

Section 91: Assessee entitled to foreign tax credit of federal as well as state taxes

September 19, 2020 4785 Views 0 comment Print

Aditya Khanna Vs DDIT (ITAT Delhi) The Income-tax in relation to any country includes Income-tax paid in any part of the country or a local authority. It applies to cases where in a federal structure a citizen is made to pay federal Income-tax and also the State income tax. The Income-tax in relation to any […]

No addition can be made merely on the basis of presumption

September 17, 2020 8739 Views 2 comments Print

Sindhu Trade Links Ltd. Vs DCIT (ITAT Delhi) It can be seen that the assessee company had purchased land at Tifra Bilaspur for Rs. 55,44,800/- including stamp duty and registration charges of Rs. 7,06,705/-. The Ld. DR submitted that as per the observations of the Assessing Officer there are certain purchases of land /properties where […]

No adjustment for notional interest on receivables if taxpayer is debt free

September 17, 2020 2871 Views 0 comment Print

Global Logic India Ltd Vs DCIT (ITAT Delhi) No adjustment is to be made on account of notional interest on receivables by relying upon Explanation (i), (a) & (c) of section 92B by treating the continued debt balance as an international transaction. Moreover when the taxpayer is debt free company, there is no question of […]

Legality of Additions/ denial of TDS Credit u/s 143(1) through non speaking order

September 5, 2020 9186 Views 0 comment Print

ITAT has noted that intimation u/s 143(1) does not contain reasons for denial of TDS credit and it is nothing, but information generated in pro forma by CPC. ITAT has made observation that Intimation not only does not provide reasons but also it does not appear to be result of due examination of the issue by AO.

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