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ITAT Delhi

Notice served through affixture after office hours without proper witness is invalid

April 24, 2021 3600 Views 0 comment Print

Digvijay Advisor Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the above reply of the Assessing Officer shows that notice u/s 148 dated 31.03.2015 was served on the assessee through affixture in presence of Inspector of the Ward. From the details filed by the assessee in the paper book, it is seen that the […]

Loss arising from exempt source income u/s 10(38) held allowable to be set-off or carried forward

April 24, 2021 9024 Views 0 comment Print

The main issue in this appeal is whether loss from sale of long term capital share on which security transaction tax has been paid should be allowed to be carried forward for set off even though the income from such transfer of long term capital asset is exempt u/ s 10 (38).

Actual Receipt of Money mandatory to invoke section 68

April 23, 2021 4446 Views 0 comment Print

ITO Vs Zexus Air Services Pvt. Ltd. (ITAT Delhi) It is an undisputed fact that there is no actual receipt of any cash by the assessee company in the instant case towards issue of share capital and such shares were issued in lieu of goodwill. In the instant case, the assessee has debited goodwill account […]

Loss of earlier year cannot be set-off if not declared in Original or Revised Return

April 20, 2021 879 Views 0 comment Print

Shailaja Vs ITO (ITAT Delhi) It is pertinent to note that the assessee has filed original  return  of income as on 31/08/2015 declaring an income of Rs. 5,71,960/- along with paying of double taxes of Rs. 43,230/- including self-assessment tax of Rs. 33,230/- on 31/8/2015. In the original return of income loss against sale of […]

Section 35(2AB) Deduction for Scientific research expenditure- ITAT restores file to PCIT

April 16, 2021 1815 Views 0 comment Print

Botil Oil Tools (I) Pvt. Ltd. Vs PCIT (ITAT Delhi) Facts of the case, in brief, are that the assessee is a company engaged in the business of manufacturing Oil Field Drilling and Production Equipment, which are used for drilling the Wells to pull out the oil from the wells. It filed its return of […]

Employees contribution to ESIC & PF allowable when payment is made

April 16, 2021 3318 Views 0 comment Print

DCIT Vs Dee Development Engineers Ltd. (ITAT Delhi) The assessee company has not deposited the employees’ contribution within the due date which is prescribed under the said statute i.e. Provident Fund and ESIC. This issue is dealt by the Hon’ble Delhi High Court in case of CIT vs. M/s Bharat Hotels Ltd. 410 ITR 417 […]

Exempt income cannot be taxed merely for not mentioning in ITR ‘Schedule EI’

April 15, 2021 9702 Views 0 comment Print

Goodwill Management Pvt. Ltd. Vs DCIT (ITAT Bangalore) The assessee, out of ignorance or inadvertence has omitted to mention the details of exempt income in the relevant ‘Schedule EI’. So, the ignorance of the assessee or inadvertent mistake committed by the assessee should not come in his way in claiming exemption, which is otherwise allowable […]

Expense cannot be disallowed merely for non-production of vouchers by employees

April 13, 2021 6675 Views 0 comment Print

Hero Motocorp Ltd Vs ACIT (ITAT Delhi) FULL TEXT OF THE ORDER OF ITAT DELHI Regarding Ground No. 16 relating to disallowance of reimbursement of foreign travelling expenses to directors/employees amounting to 7.38 crores, the Ld. AR submitted that the disallowance was made on the ground of non-submission of evidence/proof of actual expenses incurred by employees. […]

Section 271(1)(c) Penalty without Specifying The Limb Is Invalid

April 13, 2021 1947 Views 0 comment Print

Elite Realtech Pvt. Ltd. Vs ACIT (ITAT Delhi) As regards penalty order, firstly, the correct limb was not struck off or rather indicated by the Assessing Officer in the notice under Section 274 r.w.s. 271(1)(c) of the Act and hence the decision of the Jurisdictional High Court in case of M/s Sahara India Life Insurance […]

No Section 271AAA penalty on ad-hoc addition based on average GP rate

April 12, 2021 1794 Views 0 comment Print

M/s Ace Steel Fab (P) Ltd. Vs DCIT (ITAT Delhi)  In the present appeal, the only addition made in the income was of Rs.11,52,300/- on account of estimation of Gross Profit @ 68%. It is the contention of the assessee that the discrepancy in stock was due to malfunction in the ERP software. Though, this […]

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