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ITAT Delhi

TDS deducted on payment allowable as expense when Assessee follows cash Method

January 26, 2021 9498 Views 0 comment Print

Deloitte Haskins & Sells Vs ACIT (ITAT Delhi) Conclusion: Amount of tax deducted at source from the payment made to the recipient of such income could be said to be the amount of expenditure incurred by assessee and paid during the year and, therefore, it was allowable to assessee as business expenditure. Held: AO did […]

Adjustment on account of ALP of AMP expenses not sustainable

January 22, 2021 2340 Views 0 comment Print

Rayban Sun Optics India Ltd. Vs ACIT (ITAT Delhi) We are of the considered opinion that the ALP of an international transaction involving AMP expenses, the adjustment made by the TPO/DRP/AO is not sustainable in the eyes of law. At the same time, we cannot ignore the submission of the learned DR that the matter […]

Loss due to pull back of inventory from market on expiry of product allowable

January 22, 2021 2880 Views 0 comment Print

Hindustan Coca-Cola Marketing Company Pvt. Ltd Vs DCIT (ITAT Delhi) We have carefully considered the facts of the case that the assessee stated that approximately 10000 cases were pulled back by the assessee from the market in view of the exceptional quality issues. The assessee submitted that the above quality issue is the pulled back […]

Issue examined under original assessment cannot be reexamined by Reassessment

January 22, 2021 5994 Views 0 comment Print

Add. CIT Vs Ircon International Ltd (ITAT Delhi) When we examine the reasons recorded by the Assessing Officer in the instant case in the light of the decision of the Hon’ble Delhi High Court in the case of Madhukar Khosla (supra), it is evident that the Assessing Officer has merely perused the records available with […]

No TDS on discount/commission on sale of prepaid sim cards & Roaming Charges

January 20, 2021 1815 Views 0 comment Print

Vodafone Idea Ltd. Vs ITO (ITAT Delhi) At the outset, we find merit in the contention of the Ld. Counsel of the Assessee that in the absence of any adverse judgment by the Hon’ble Jurisdictional High Court, i.e., the Hon’ble High Court of Punjab & Haryana, there being divergence of judicial opinion on the subject […]

No TDS on discount to pre-paid mobile service distributors

January 20, 2021 1794 Views 0 comment Print

Discount offered on some of the prepaid mobile services did not partake the character of commission under Section 194H and hence there was no obligation to withhold tax on such discounts on pre­paid services. 

Section 80IC Deduction on interest earned from fixed deposits allowable

January 19, 2021 3387 Views 0 comment Print

AO was not justified in denying the claim of deduction under section 80IC as interest income earned was inextricably linked to the main business activity of assessee as it was earned from fixed deposits which was required to be maintained as per the statutory requirements.

Section 153D Approval granted by JCIT without application of mind is invalid

January 19, 2021 3903 Views 0 comment Print

Sanjay Duggal Vs ACIT (ITAT Delhi) ITAT observed that In some of the cases the approval was granted on the date the request was made for approval by the A.O. In all those cases merely draft assessment order and the assessment folders were available with the A.O. For example in the case of Shri Sanjay […]

Section 292BB not applicable to a legal representative

January 18, 2021 1875 Views 1 comment Print

Lalita Agarwal Vs ACIT (ITAT Delhi) We have carefully considered the facts stated above in these appeals wherein the notice under section 148 is issued in the name of a deceased assessee stating his PAN number. Further the assessment orders are also framed in the name of the deceased assessee stating his PAN number. The […]

Absence of satisfaction of AO of searched person must for other person without which jurisdiction assumed under 153C is invalid

January 16, 2021 1389 Views 0 comment Print

Tanvir Collections Pvt. Ltd. Vs ACIT (ITAT Delhi) Absence of satisfaction of AO of searched person must for other person without which jurisdiction assumed under 153C is invalid It is palpable that the AO of Shri B.K. Dhingra, Smt. Poonam Dhingra and M/s Madhusudan Buildcon Pvt. Ltd., did not record any satisfaction that some money, […]

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