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ITAT Delhi

Depreciation Allowable on owned Assets rented for manufacturing

February 26, 2021 963 Views 0 comment Print

The assessee was entitled to depreciation on owned assets which were rented out to a third party for manufacturing purposes applying assessee’s own case of earlier year.

Provision for actual delays & defaults is ‘ascertained liability’ & allowable

February 24, 2021 1737 Views 0 comment Print

Huawei Telecommunications (India) Pvt. Ltd.Vs. DCIT (ITAT Delhi)  The taxpayer challenged disallowance/confirmation of Rs.1,010,856,249/- & Rs.128,611,894/- for Assessment Years 2012-13 & 2013-14 respectively on account of provision for customer claim on the ground that the amount provided by the taxpayer pertaining to actual delays/defaults occurred as per the terms of the contract entered between the […]

ITAT allows expense on ‘Assistance To Law Students’ to Harish Salve

February 24, 2021 1632 Views 0 comment Print

During the course of assessments the Assessing Officer found that the assessee claimed expenseunder the head ‘Assistance to Law Students’, and when asked, submitted that the assistance paid to law students Diksha Sharma and Krishna Prasad K. V. at Oxford is the justification for such claim.

ITAT directs CBDT to take steps to avoid unnecessary litigation

February 24, 2021 1638 Views 0 comment Print

It is necessary to bring on record, to be taken care of by the CBDT, that present appeal has been filed just to generate unnecessary litigation without examining well-reasoned findings returned by the ld. CIT (A) which can be curtailed if proper scrutiny/vetting by the senior officers, who are at the helms of the affairs, is made before approving any case for filing appeal before a higher forum.

No Reopening On Borrowed Satisfaction Without Bringing Tangible Material on Record

February 23, 2021 2406 Views 0 comment Print

Luxe Trading And Holding (India) Pvt. Ltd. Vs ITO (ITAT Delhi) From a perusal of the reasons, it is seen that the notice u/s. 148 of the Act has been issued mechanically without application of mind and the satisfaction by the Assessing Officer is only the borrowed satisfaction of the Investigation Wing. The Assessing Officer, […]

TDS not deductible on EDC charges- section 271C Penalty not leviable

February 20, 2021 6738 Views 0 comment Print

M/s Perfect Constech Pvt. Ltd. Vs ACIT (ITAT Delhi) Penalty not leviable for non deduction of TDS under section 271C for EDC charges paid to HUDA as it is non statutory contractual liability It is seen that in Para 4.3.2, subparagraph (iv) of the order passed u/s 271C of the Act, the AO has himself […]

Section 68 addition cannot be made for duly explained credits

February 20, 2021 9879 Views 0 comment Print

ITO Vs Sh. Sunil Nayyar (ITAT Delhi) In the instant case, the AO has not pointed out any accounting defects in the books of accounts. Rather he is summarily ignored the books of accounts but has proceeded to invoke section 145(3) which is bad in law.” 14. The ld. CIT (A) held that there is […]

No Addition on Sole Basis of Statement Without Cross Examination When Specifically Requested

February 18, 2021 2724 Views 0 comment Print

TRN Impex Pvt. Ltd Vs ITO (ITAT Delhi) It is not in dispute that reopening of the assessment was made on the basis of the search conducted in the cases of Shri Deepak Agarwal and Shri Mukesh Kumar. Their statements were also recorded which were adverse in nature against the interests of the assessee. Certain […]

Tax on option price received against a right to purchase shares

February 18, 2021 1125 Views 0 comment Print

Dabur Invest Corp Vs JCIT (ITAT Delhi) Only issue before the Coordinate bench in that case was in which year the income accrues. It was not the issue before the coordinate bench that whether the money received by the assessee as an option price is a revenue receipt or a capital receipt. In the facts […]

Depreciation allowable on fixed assets purchased by assessee in cash

February 17, 2021 4863 Views 0 comment Print

Daawat Foods Ltd. Vs ACIT (ITAT Delhi) As far as the disallowance of the depreciation of Rs.93,406/-on the capital expenditure is concerned, we find that AO has disallowed the depreciation on the capital expenditure of Rs.5,35,468/- which has been stated to have been incurred by the assessee in cash. We find that the Co-ordinate Bench […]

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