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ITAT Delhi

Payment of Foreign Agency Commission not liable for TDS in India

July 7, 2020 2367 Views 0 comment Print

The issue under consideration is whether the TDS will be applicable on payment of Foreign Agency Commission?

No section 68 Addition Merely on Suspicion of Accommodation Entry

July 5, 2020 2349 Views 0 comment Print

The issue under consideration is whether the AO is correct in making the addition u/s 68 of the Act for the Advances received for booking of commercial space?

No section 271(1)(c) Penalty for mere claim of expense under different income head

July 5, 2020 2370 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271(1)(c) merely because the assessee claimed expenditure under a different head of income?

No TDS on Payment Gateway Charges paid by Make My Trip

July 3, 2020 15387 Views 0 comment Print

The issue under consideration is whether the Payment Gateway facilities provided by banks are liable for TDS provisions?

Expense crystallized during the year allowable as Prior Period Expense

July 3, 2020 7446 Views 0 comment Print

According to ITAT, the claim of assessee on account of Pay anomaly of employee crystallized during the year should have been accepted and he, therefore, granted relief to the assessee. Further, they observed that in the order dated 24.12.2009 for assessment year 2006-07 in assessee’s own case, the Tribunal decided that the liability crystallized during the year has to be allowed. Hence, now they do not find anything improper in the approach of the CIT(A) to allow the expenses in respect of which the liability crystallized during the year.

ITAT delhi deletes Addition of LTCG on Penny stock

July 2, 2020 3600 Views 0 comment Print

Shri Suresh Kumar Agarwal Vs ACIT (ITAT Delhi) ITAT deleted addition made u/s 68 for alleged bogus LTCG of Rs.56,43,084/- on merits holding that Ld AO failed to bring any cogent material in addition to report of Directorate of Investigation Kolkata about Jamakharchi /Penny stock companies and convert its reasons into a fact , thereby […]

Sales Promotion expenses for publicity of brand name allowable

July 1, 2020 11064 Views 0 comment Print

Whether CIT is correct in allowing expenditure on advertisement & sales promotion of product & brand promotion by considering it as Revenue in nature?

Financial Stringency is reasonable cause for Not levying section 221(1) Penalty

July 1, 2020 1998 Views 0 comment Print

Whether CIT(A) is correct in deleting the penalty levied u/s 221(1) by the AO on the ground that assessee has paid the self assessment  after the date of filling of return of income?

Land Purchased for establishing a university – Section 11 Exemption Allowed

June 28, 2020 2928 Views 0 comment Print

Whether the AO was correct in denying the exemption u/s 11 to the assessee against Purchase of Land and FLAT in preparation to establishing a university and not in the nature of any ‘real estate’ operation ?

Section 194H TDS not applies on Bank Guarantee Commission

June 27, 2020 7965 Views 0 comment Print

The issue under consideration is whether TDS under section 194H is applicable from payment of bank guarantee commission to the bank?

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