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ITAT Delhi

Loss claimed on forward contracts is allowable

October 14, 2019 1635 Views 0 comment Print

Emmsons International Ltd. Vs ACIT (ITAT Delhi) Exchange differences on foreign currency transactions in compliance of AS-11 need be considered in the accounts and the losses and profit arising therefrom need to be recognized as such for Income Tax purposes. It is further held that when the Revenue taxed the gains which accrued to the […]

ITAT upheld addition for accommodation entry receipts as LTCG

October 14, 2019 3384 Views 0 comment Print

Suman Poddar Vs ITO (ITAT Delhi) The evidences put forth by the Revenue regarding the entry operation fairly leads to a conclusion that the assessee is one of the beneficiaries of the accommodation entry receipts in the form of long-term capital gains. The assessee has failed to prove that the share transactions are genuine and […]

Addition for cash deposit in bank justified if Assessee fails to explain source of deposit

October 9, 2019 4560 Views 0 comment Print

Karan Bhalla Vs ITO (ITAT Delhi) The assessee has given the details of source of the cash which are reproduced in the order of the Ld. CIT(A).However no supporting documents have been filed. The assessee did not produce any independent evidence in support of cash flow statement. No evidence of any amount is received on […]

Issuance & service of notice u/s 143(2) at wrong address within knowledge of AO was invalid

October 5, 2019 3441 Views 0 comment Print

Gautam Automobiles Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Since assessee has been consistently disclosing the address to the Revenue Department for the purpose of service and communication at 3, Tansen Marg, Bengali Market, New Delhi and this fact was also admitted by the A.O, therefore, there was no question of service of the notice […]

Interest on FD taxable on accrual basis if Assessee follows mercantile system of Accounting

September 30, 2019 17088 Views 0 comment Print

Addition made by AO on the ground that although assessee had claimed credit for TDS on the interest income from the bank corresponding interest income was not offered to tax by assessee during the year was justified as assessee was regularly following mercantile system of accounting interest income in question was liable to be taxed in assessment year in question itself.

Exemption u/s 11 allowable on donation by a charitable trust to other for utilization towards charitable objects

September 28, 2019 10536 Views 1 comment Print

Inter-trust donation by one charitable trust to another for utilization by the donee trust towards charitable objects was proper application of income for charitable purpose in the hands of donee trust and it would not affect the exemption claimed by assessee u/s 11 in any manner whatsoever nor inter-trust donation could be termed as deviation from its objects .

TDS on Payment made to jewellery market exhibition for stall at exhibition

September 24, 2019 77772 Views 2 comments Print

Where basic evidence to prove the contention of assessee was contract between assessee and organizers, which assessee failed to produce before AO and contentions as raised by assessee have not been substantiated through any evidence or material on record, therefore, space was allotted to assessee for carrying out its business activities and assessee was liable to deduct TDS under section 194-I.

Section 11 Exemption on Principle of mutuality cannot be denied for non-entitlement of some class of members

September 20, 2019 2190 Views 0 comment Print

The income from non-members was offered to tax by assessee, whereas membership fee from its own members was claimed as exempt on the principle of mutuality. Assessee being a trade association of software industries, it’s main object is to promote and protect the interest of its members. Membership received from its own members came within the principle of mutuality. Once assessee is governed by principle of mutuality, even if there are difference class of members, some of whom are not entitled to vote, the club would not be cease to be governed by principle of mutuality.

Developing & Providing Study Material Qualifies as Charitable Educational Activity

September 17, 2019 1272 Views 0 comment Print

World Institution Development Programme Vs ITO (ITAT Delhi) Developing  Study Material Qualifies as educational Activity which qualifies as a charitable purpose within the meaning of section 2(15) of the Act and eligible for exemption under section 11 and 12 of the Act. Admittedly, the assessee is a charitable trust. It is registered u/s 12AA of […]

Addition u/s 69C on basis of statement of third party without providing opportunity of cross-examination to assessee was invalid

September 16, 2019 7920 Views 0 comment Print

Addition under section 69C on the basis of statement of third party without granting opportunity of cross-examination to assessee was not valid as it amounted to ivolation of principle of natural justice and against the law

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