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ITAT Delhi

Anonymous donations- No section 68 addition if Assessee provides complete list of donors

September 15, 2019 2487 Views 0 comment Print

Shanti Niketan Trust Vs ACIT (ITAT Delhi) In the present appeal, the assessee had not only disclosed its donations, but had also submitted a list of donors. The AO proceeded to treat the same as anonymous donations only for the reason that the notices u/s 133(6) of the Act were returned un-served and the assessee […]

Document not found during search on assessee cannot be subject matter for addition -section 153A

September 14, 2019 1626 Views 0 comment Print

DCIT Vs Vikas Jain (ITAT Delhi) Apparently, it appears that the seized document was found at a place other than the place where the search on the assessee has been carried out. Thus, in these circumstances, it cannot be said that this document was found in possession or control of the assessee. If that be […]

Section 44AD: Mere submission of Balance sheet not proves Maintenance of Books of Accounts

September 13, 2019 20463 Views 0 comment Print

Mr. Pradeep Jain Vs ITO (ITAT Delhi) The assessee has filed the return of income for assessment year under appeal declaring income of Rs.9,63,920/-, out of which, income was declared at Rs.9 lakhs under section 44AD of the I.T. Act, 1961. In subsequent A.Y. 2016-2017 also, assessee declared income under section 44AD of the I.T. […]

Penalty u/s 271(1)(c) cannot be levied if more than one legal view is possible

September 13, 2019 4851 Views 0 comment Print

M/s. Nortel Networks India Pvt. Ltd. Vs DCIT (ITAT Delhi) In the instant case, the assessee has offered Explanation as why the transaction of loss of security was claimed as business loss. This Explanation has not found to be false by the Assessing Officer. Further, the assessee substantiated the Explanation by way of filing relevant […]

Assessee cannot offer Interest Income on cash basis when he is following accrual basis

September 11, 2019 8757 Views 0 comment Print

DCIT Vs M/s Delhi Tourism Transportation Corporation Ltd. (ITAT Delhi) The addition was made by the AO on the ground that although the assessee had claimed credit for Tax Deducted at Source (“TDS”, for short) on the interest income from the bank, corresponding interest income was not offered to tax by the assessee during the […]

Notice U/s. 143(2) invalid if issued without application of mind

September 10, 2019 5172 Views 0 comment Print

Satish Kumar Vs ITO (ITAT Delhi) It is an admitted fact that assessee filed reply in response to the notice under section 148 of the I.T. Act and submitted before A.O. that original return filed before him may be treated as return filed in response to the notice under section 148 of the I.T. Act. […]

Consider Net Interest expenses for section 14A disallowance: ITAT Delhi

September 9, 2019 1632 Views 0 comment Print

DCIT Vs M/s. DLF Assets Pvt. Ltd. (ITAT Delhi) On the aspect of disallowance made by the Ld. AO by invoking the provisions u/s 14A of the Act r/w Rule 8D (2) (ii) of the Rules, it is the submission of the Ld. AR that the interest expenses net of interest income may be considered […]

Quantifiable Closing Allowance to Employees for business purpose is allowable

September 5, 2019 1239 Views 0 comment Print

DCIT Vs District Cooperative Bank Ltd. (ITAT Delhi) The assessee has claimed before us that the amount of closing allowance has been paid to the employees from year to year in percentage terms of salary and therefore duly quantifiable provision. The Ld. DR also could not controvert this fact that the amount of closing allowance […]

Non-recording of satisfaction by AO of searched person while issuing notice to other party makes notice illegal

September 4, 2019 1443 Views 0 comment Print

AO of the searched person had not rebutted the presumption that the seized documents  belonged to M/s. C Ltd but belonged to other person, i.e, assessee, therefore, issue of notice under section 153C on assessee was illegal. 

AO not justified in assuming jurisdiction u/s 153C based on documents which does not indicate existence of any unaccounted income

September 4, 2019 1458 Views 0 comment Print

Impugned bank certificate is not an incriminating document based on which the concluded assessment in the case of the assessee can be disturbed. In view of this according to us , we hold that no addition can be made in the hands of the assessee in absence of any incriminating evidence leading to any unaccounted income unearthed during the course of search. 

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