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ITAT Delhi

No section 69 addition in absence of evidence to prove that payment made beyond sale agreement

March 16, 2020 3246 Views 0 comment Print

Since there was no material available before AO that assessee had paid anything more than what was mentioned in the sale deed, therefore, no addition was warranted in the instant case by invoking the provisions of section 69. 

Section 41 addition cannot be made on basis of unsigned balance sheets

March 16, 2020 1491 Views 0 comment Print

Addition by AO under section 41(1) as liability of ‘Trade Payables’ written off was not justified as the balance-sheets filed by assessee were neither signed by the Auditor nor by the Director and, therefore, the same were not reliable and assessee had failed to produce any confirmation to the effect that the assessee received payment from M/s. O as interest free unsecured loan.

Penalty not leviable for non deduction of TDS due to reasonable cause

March 13, 2020 5292 Views 0 comment Print

Santur Infrastructure Pvt. Ltd. Vs ACIT (ITAT Delhi) We are of the considered view that firstly, the assessee was not required to deduct TDS as the payment of EDC was not made out of any statutory and contractual liability to HUDA with whom the assessee has no privity of contract; secondly, the assessee has reasonable […]

Section 54/54F exemption eligible on investment in new property in Wife’s name

March 12, 2020 31287 Views 0 comment Print

Shri Ramphal Hooda Vs ITO (ITAT Delhi) Whether the exemption under Section 54F is extendable to the assessee for the total consideration paid by him, for the purchase of the new asset (the residential property) in the joint name or the exemption would be entitled to the extent of the share of the assessee in […]

Capital Gain cannot be taxed to GPA holder, who is not the owner

March 10, 2020 12186 Views 1 comment Print

This appeal by the assessee has been directed against the order of Ld. CIT(Appeals) challenging the additions on account of long term capital gains arising from transfer of land and also an addition on account of short term capital gains arising from transfer of building.

No penalty for bonafide different perspective in ALP calculation

March 9, 2020 783 Views 0 comment Print

The assessee is one of the group companies of China based TIENS Group of Companies. The business of the assessee, is Trading/Distribution of Food Supplements and Health Care Equipments. The products dealt with by the Company are basically products manufactured at China or other places by Group concerns. Another Group Entity Tianjin Tianshi Biological Development Company Limited, incorporated at China has established a Foreign Branch Office in India.

FDI received as per FDI policy cannot be added to income for non-submission of bank statement

March 9, 2020 843 Views 0 comment Print

DCIT Vs Technico Industries Pvt. Ltd. (ITAT Delhi) So far as the amount of Rs.920 lakhs deleted by the CIT(A) in respect of Shiroki Corporation is concerned, we find from the details furnished by the assessee that Shiroki Corporation is a Japan based related party of the assessee. During the year under consideration, the assessee […]

Addition for unexplained investment in residential property justified if no satisfactory explanation by Assessee

March 4, 2020 2439 Views 0 comment Print

Rameshwar Lal Vs DCIT (ITAT Delhi) The Assessee vide order sheet entry dated 18.11.2016 was required to show cause why cash payment amounting to Rs. 5,00,000/- paid in cash to Cosmos Group may not be added to the income as unexplained investment. The assessee vide his submission dated 24.11.2016, stated that he had paid Rs. […]

Depreciation allowed on License/registration fee paid to Indian Railways

March 3, 2020 1773 Views 0 comment Print

We find that the claim of depreciation in respect of license/ registration fee paid by the assessee to the Indian Railways is an asset whereon depreciation u/s. 32(1) is allowable.

Loss claimed in Revised Return allowable despite Non-disclosure in Original Return

March 1, 2020 39354 Views 0 comment Print

Where return was revised under section 139(5), therefore, the original return filed under section 139(1) would not survive and hence, the claim of loss not made in original return but claimed in revised return had to be allowed.

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