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ITAT Delhi

No section 68 addition if Assessee Proves Identity, Creditworthiness & Genuineness

September 5, 2020 10332 Views 1 comment Print

The issue under consideration is whether the addition made by the AO under section 68 by considering the the amount received as unexplained share capital and premium is justified?

ITAT explains section 244A provisions – Interest on Income Tax Refund

September 4, 2020 33054 Views 0 comment Print

Maruti Suzuki India Ltd Vs CIT (Appeals) (ITAT Delhi) The Honorable Delhi ITAT recently adjudicated an appeal filed in the case of Maruti Suzuki India Ltd vs Commissioner of Income Tax (Appeals)-IX (ITA No. 2553, 2641/Del/2013) wherein the case before the Tribunal was related to the provisions of section 244A of the Income Tax Act. Post […]

Six AYs Counted from Date of Handing over of Assets/Documents to AO for Section 153C Assessments

September 2, 2020 1860 Views 0 comment Print

whether Assessment year in respect of proceedings u/s 153C of the Act to be same 6 years in the case of other person, for which the proceedings u/s 153A is initiated in the case of connected searched person?

Section 153C Assessment order in the Name of Non Existing Entity is Invalid

September 2, 2020 978 Views 0 comment Print

The issue under consideration is whether Assessemnt order u/s 153C issued in the name of Amalgamated Company will be considered as valid?

Depreciation not Disallowable merely for Purchase of car in Personal Name

August 30, 2020 11577 Views 0 comment Print

Whether the depreciation on car purchased by assessee can be disallowed only because the payment towards purchase of the same is made through his personal account?

Section 153A Assessment Invalid if no Incriminating Material Found during Search

August 30, 2020 3666 Views 0 comment Print

The issue under consideration is whether the assessment u/s 153A can be considered as valid even if no incriminating material found during the course of search?

LIBOR based interest rate cannot be applied to benchmark a financial transaction which is not denominated in foreign currency

August 28, 2020 3246 Views 0 comment Print

Ld. AO/ Ld. TPO/ Ld. DRP erred in using a LIBOR based interest rate to benchmark the international transaction of payment of interest on FCCDs denominated in Indian Rupees

No applicability of proviso to section 2(15) if earning of surplus with no profit motive

August 26, 2020 2964 Views 0 comment Print

Merely earning surplus by assessee did not result into the conclusion, that assessee was carrying on its activities, which could be termed as business, trade, or commerce, charging a nominal fee to use coding system and to avail of advantages and benefits therein was neither reflective of business aptitude nor indicative of profit-oriented intent.  Accordingly, proviso to section 2(15) did not get attracted, and hence, there was no justification for denying exemption under section 11.

Marketing Expense for Issuance of Handsets on Free of Cost is allowed as Business Expense

August 25, 2020 879 Views 0 comment Print

The issue under consideration is whether the marketing expenditure incurred on account of issuance of handsets on free of cost basis is allowed as business expense or not?

ITAT explains Transfer pricing implications for interest free loan

August 25, 2020 6255 Views 0 comment Print

Motherson Sumi Infotech & Designs Ltd. Vs DCIT (ITAT Delhi) We find that the next issue raised is against the transfer pricing adjustment made on account of interest due on receivables outstanding. The said issue stands covered in favour of the assessee by the decision of the Tribunal in M/s. Global Logic India Ltd. for […]

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