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ITAT Delhi

All Addition Invalid If No Incriminating Material Found During Search

August 25, 2020 3708 Views 0 comment Print

DCIT Vs Venus Overseas Pvt. Ltd. (ITAT Delhi) The common grievance in all these appeals relates to the deletion of the addition made u/s 68 of the Act on account of unexplained share capital and premium though quantum may defer in each year. Vide application dated 30.01.2020, the assessee has invoked Rule 27 of the […]

Draft Order framed u/s 144C(1) on Non-Existent Company is Void-ab-Initio

August 20, 2020 789 Views 0 comment Print

The issue under consideration is whether order passed by the AO held that the draft order framed under Section 144C(1) of the Income Tax Act is in the name of a non-existent company is sustainable in law?

Section 153C instead of section 153A is Void ab Initio

August 20, 2020 1854 Views 0 comment Print

The issue under consideration is whether the issue of notice u/s 153C instead of section 153A is considered as valid assessment or not?

No second innings should be given to appreciate same set of facts: ITAT

August 19, 2020 1245 Views 0 comment Print

ACIT Vs Volvo Auto (India) Private Limited (ITAT Delhi) The issue under consideration is whether CIT(A)is correct in deleting the addition made on application of CUP method for determination of ALP of international transactions by the A.O.? ITAT states that, the AO’s observation that this expenditure has been debited to the profit and loss account […]

ITAT remand back Matter to AO for Re-Examination of Relocation Expense & Related TDS Compliance

August 19, 2020 1986 Views 0 comment Print

The issue under consideration is whether disallowance of relocation expenses u/s 40(a)(i) of the Act and non granting of tax deducted at source with respect to that expense is justified in law?

No addition for other items if addition for reopening of reassessment not survives

August 19, 2020 1317 Views 0 comment Print

Naresh Kumar Garg Vs ACIT (ITAT Delhi) When the grounds for reopening the reassessment do not exist any longer and no additions were ultimately made on that account, the addition in respect of the other items, which were not part of the ‘ reasons to believe’cannot be made. ITAT states that it is evident that […]

ITAT held short Term Capital Loss from a penny stock as Bogus

August 19, 2020 4425 Views 0 comment Print

Shri Sanjay Kaul Vs ITO (ITAT Delhi) Whether the transaction carried out by the assessee and the claim of the short Term Capital Loss is in the normal course of the investment activity of the assessee. We find that the Assessing Officer has referred to investigation done by the Directorate of Investigation, Kolkata, to highlight the […]

No addition for AMP transactions in absence of International Transaction between Taxpayer & AE

August 18, 2020 831 Views 0 comment Print

The issue under consideration is whether addition made on account of Advertisement, Marketing, and Sales Promotion (AMP) transactions is justified in law?

Object beneficial to a section of public is an object of general public utility

August 18, 2020 849 Views 0 comment Print

Delhi Police Education Fund Vs CIT (ITAT Delhi) Assessee argued that the assessee is involved in promoting the post Higher Secondary Education and fulfils the test of Section 2(15) of the Act, the definition of charitable purpose. Ld. DR argued that the assessee’s activities are limited to the wards of the Police personnel. Hence, it […]

Disallowance of rebate/discount to its overseas AEs: ITAT directs AO to verify Agreements/MOUs

August 16, 2020 702 Views 0 comment Print

Bureau Veritas Consumer Products Services (India) Private Limited  Vs ACIT (ITAT Delhi) ITAT held that It is true that the assessee has paid rebate/discount to its overseas AEs. It is equally true that such arrangement has been done through Master Service Agreements (‘MSA’) with various overseas companies (sample JC Penny ) for providing testing and […]

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