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ITAT Delhi

60% depreciation eligible on UPS as Part of Computer & Peripherals

August 10, 2020 17547 Views 0 comment Print

The issue under consideration is whether the UPS is considered as essentially part of computer system and depreciation at rate of 60% charged on it?

Unabsorbed depreciation can be Carried Forward even if ITR Not filed within Due date

August 10, 2020 37599 Views 1 comment Print

Addl. CIT Vs Nortel Networks India Pvt. Ltd (ITAT Delhi) The issue under consideration is whether the Unabsorbed depreciation can be carried forward even if Income Tax Return has not been filed within period of Due date? ITAT states that, the assessee filed return beyond the due date prescribed u/s 139(1) of the Act. In […]

Assessment reopening based on Wrong Appreciation of Facts is unsustainable

August 10, 2020 1587 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 on the basis of wrong appreciation of facts can be sustained in law?

Stamp duty on lease deed for carrying on of business allowable

August 8, 2020 8151 Views 0 comment Print

Period of lease for which the property has been taken cannot be regarded as a decisive test to determine the nature of the expenditure. It is not disputed that the stamp duty amount has been paid on lease deed for the carrying on of the business of the assessee and therefore the amount of stamp duty paid for has to be allowed as revenue expenditure.

Framing Assessment against Non-Existent Amalgamating Entity is Unsustainable

August 7, 2020 1098 Views 0 comment Print

Genpact India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether the framing of an assessment against a non-existent amalgamating entity is sustainable in law?

No section 68 Addition if Asessee proves Genuineness & Creditworthiness of Creditors

August 7, 2020 1803 Views 0 comment Print

The issue under consideration is whether the addition on account of advances from customers treating the same as unexplained liability (Section 68) is justified in law?

No income tax on Revenue from IDC/Management /Referral Agreement under India-Singapore DTAA

August 6, 2020 1488 Views 0 comment Print

The issue under consideration is whether income tax levied on revenue received from IDC agreement, management agreement, and referral agreement as per the India-Singapore DTAA?

Penalty Order in Name of erstwhile Dissolved Company is invalid

August 6, 2020 2367 Views 0 comment Print

Impugned penalty order passed by the AO in the name of erstwhile dissolved company is a substantive illegality and not a procedural violation of the nature adverted to in Section 292B;

TP Adjustment for notional Interest on outstanding receivables

August 4, 2020 3858 Views 0 comment Print

Global Logic India Ltd. Vs ACIT (ITAT Delhi) Now coming to the next issue raised in the present appeal 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 assessee’s own case for Assessment […]

Depreciation allowable on Actual Cost of Assets without reducing Subsidy

August 2, 2020 10740 Views 0 comment Print

Where the Government subsidy is intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries, the specified percentage of fixed capital costs, which is the basis for determining the subsidy, is only a measure adopted in the scheme to quantify the amount of subsidy and it is not a payment directly or in directly to meet any portion of the actual costs of assets.

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