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ITAT Delhi

Section 68 addition cannot be made merely for Low Income of Creditor

February 5, 2021 2655 Views 0 comment Print

Carissa Investment (P) Ltd. Vs ACIT (ITAT Delhi) In this case assessee-company has been able to prove that both the creditors have availability of sufficient funds to give loan to the assessee-company in assessment year under appeal. Merely because income was low declared by both the creditors, is no ground to make the impugned addition […]

SEZ developer eligible for Section 80IAB deduction on Leasing Income

February 3, 2021 9216 Views 0 comment Print

DCIT Vs DLF Assets Pvt Ltd. (ITAT Delhi) The assessee is without doubt a Developer of a SEZ, having been in fact allowed deduction u/s.80-IAB on it’s other income/s, as from service agreements, chargeable u/s. 28. That the said income is assessable as business income, and only rightly so, inasmuch as the source thereof is […]

Market Linked Focus Product Scrip (MLFPS) is a capital receipt

February 2, 2021 4080 Views 0 comment Print

Bharat Rasayan Ltd. Vs ACIT (ITAT Delhi) We have also examined the para no. 3.15.3 of the scheme document of the Foreign Trade Policy of Government of India, Ministry of Commerce and Industry wherein it was specified that market linked focus products scripts (MLFPS) is meant for export of products of high export intensity employment […]

Reopening based on investigation wing info without independent application of mind by AO was invalid

February 2, 2021 4842 Views 0 comment Print

R.S. Shares & Securities Ltd. Vs ITO (ITAT Delhi) It is well settled law that validity of the reassessment proceedings is to be determined on the basis of the reasons recorded for reopening of the assessment. Copy of the same is filed at pages 2 to 4 of the Paper Book. The AO in the […]

ITAT confirms addition for cash deposited during demonetization

February 1, 2021 2787 Views 0 comment Print

Leela Devi Vs ITO (ITAT Delhi) It is not in dispute that assessee made cash deposit of Rs. 15 lakhs in her bank account during demonetization period. The assessment year under appeal is 2017-18 and the assessee deliberately filed the return of income belatedly on 25.03.2018. The assessee explained before AO the source of the […]

Reopening on Estimate Based on Vague Information Is Not Valid

February 1, 2021 3516 Views 0 comment Print

Vikas Chowdhary Vs ITO (ITAT Delhi) It is well settled law that validity of the reassessment proceedings is to be determined on the basis of the reasons recorded for reopening of the assessment. The reasons are reproduced above. The AO as per NMS information which was pushed into the ITD system came to know that […]

Interest on FDR prior to commencement of business is Capital Receipt

February 1, 2021 3498 Views 0 comment Print

Jaypee Powergrid Limited Vs ITO (ITAT Delhi) It is clear upon a perusal of the facts as found by the authorities below that the funds in the form of share capital were infused for the specific purpose of acquiring land and the development of infrastructure. Therefore, the interest earned on funds primarily brought for infusion […]

Forfeiture of convertible warrant results in extinguishment of right

January 28, 2021 3867 Views 0 comment Print

DCIT Vs Azalea Infrastructure Pvt. Ltd (ITAT Delhi) The facts clearly shows that on October 20, 2010, India Bulls Power Ltd pursuant to the provisions of Section 192A of the Companies Act, 1956 made a preferential allotment of 42 crore as fully convertible warrants to 4 different companies which are the entities promoted by the […]

Medical Insurance Premium for Family Members of Employees allowable

January 28, 2021 1215 Views 0 comment Print

Loesche India Pvt. Ltd Vs ACIT (ITAT Delhi) The record reveals that the assessee had paid the insurance premiums of the employees’ family members in terms of employment Rules framed by the assessee-company there for. Therefore, it can hardly be said that the impugned expenditure were not incurred wholly and exclusively for the purpose of […]

ITAT restricts Section 14A Disallowance to the extent of exempt income

January 28, 2021 1431 Views 0 comment Print

Disallowance u/s 14A got restricted to the extent of exempt income, even if the provisions of the section 14A were attracted.

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