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ITAT Delhi

No TP adjustment for Overdue Receivables which already been considered in working capital adjustment

November 24, 2020 1416 Views 0 comment Print

The issue under consideration is whether overdue receivables from AEs is considered as an international transaction? ITAT direct the learned transfer pricing officer to delete the addition on account of interest on overdue receivable from associated enterprise. Accordingly ground of the appeal is allowed.

Procedural Compliance is mandatory for AO when prescribed by CBDT

November 23, 2020 1788 Views 0 comment Print

It was held that the assessment order passed by the Assessing Officer disregarding the instructions of the CBDT are liable to the set aside as AO has not taken prior approval of the authorities mentioned.

No TP adjustment for delayed receivables if Same is already been factored in working capital adjustment

November 21, 2020 1551 Views 0 comment Print

Barco Electronic Systems (P) Ltd. Vs DCIT (ITAT Delhi) We have noted that the assessee is not charging interest on overdue debts from the third parties and also the assessee is a debt free company and not paying any interest on funds utilized is business. We have also noted that the assessee company has a […]

ITAT excludes comparable having turnover more than 31 to 62 times

November 21, 2020 876 Views 0 comment Print

Transcend MT Services Pvt. Ltd. Vs DCIT (ITAT Delhi) Assessee has also argued for exclusion of Infosys BPO Ltd, which is having the turnover more than 31.29 times, and TCS E serve Ltd having turnover of 62 times larger than the assessee does. Therefore, for the reasons given by us for exclusion of I gate […]

ITAT Sustains Addition for Cash Gifts Received for Marriage, Anniversary & Cancer Treatment from Relatives as evidence was absent

November 20, 2020 1527 Views 0 comment Print

The issue under consideration is whether addition made by AO for the cash gifts found in search which is received at the time of marriage and anniversary and cash for cancer treatment is justified in law?

Section 10(34) & 10(38) exemption on dividend & LTCG of VCU earned by SARA Fund

November 19, 2020 6612 Views 0 comment Print

Japan International Co-operation Agency (JICA) Vs ACIT (ITAT Delhi) A.O. as well as Ld. CIT(A) have taken a wrong view by holding that the assessee cannot grow tax-free income u/ss 10(34) and 10(35) of the Acts unless additional tax has been paid as per the provisions of Sections 115-0 and 115-R of the Act and […]

Method of Accounting Can’t be Rejected u/s 145 Without Examination of Books

November 18, 2020 2970 Views 0 comment Print

The issue under consideration is whether rejection of method of accounting under section 145 without even examination of books of assessee is justified in law?

To acquire section 153C Jurisdiction, Documents Seized must be Incriminating

November 16, 2020 2478 Views 0 comment Print

The issue under consideration is whether to acquire jurisdiction under section 153C is it require that the seized documents must be incriminating and must relate to the assessment year whose assessment were sought to be reopened?

Section 68 Addition Justified for Unexplained Gifts Received from Non-Related Donor

November 12, 2020 2589 Views 0 comment Print

The issue under consideration is whether the CIT (Appeals) has grossly erred in confirming the addition as made by the Assessing Officer (AO) on account of gifts u/s 68? Addition u/s 68 Justified for Unexplained Gifts Received from Non Related Donor.

Booking fees received from Airlines is business income: ITAT Delhi

November 12, 2020 1380 Views 0 comment Print

ITAT Delhi decision on Amadeus IT vs. Asstt. DIT. CRS income, PE attribution, and distribution fee. Assessing Officer’s findings challenged.

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