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ITAT Delhi

Section 153C Assessment order in the Name of Non Existing Entity is Invalid

September 2, 2020 999 Views 0 comment Print

The issue under consideration is whether Assessemnt order u/s 153C issued in the name of Amalgamated Company will be considered as valid?

Depreciation not Disallowable merely for Purchase of car in Personal Name

August 30, 2020 11676 Views 0 comment Print

Whether the depreciation on car purchased by assessee can be disallowed only because the payment towards purchase of the same is made through his personal account?

Section 153A Assessment Invalid if no Incriminating Material Found during Search

August 30, 2020 3687 Views 0 comment Print

The issue under consideration is whether the assessment u/s 153A can be considered as valid even if no incriminating material found during the course of search?

LIBOR based interest rate cannot be applied to benchmark a financial transaction which is not denominated in foreign currency

August 28, 2020 3306 Views 0 comment Print

Ld. AO/ Ld. TPO/ Ld. DRP erred in using a LIBOR based interest rate to benchmark the international transaction of payment of interest on FCCDs denominated in Indian Rupees

No applicability of proviso to section 2(15) if earning of surplus with no profit motive

August 26, 2020 3042 Views 0 comment Print

Merely earning surplus by assessee did not result into the conclusion, that assessee was carrying on its activities, which could be termed as business, trade, or commerce, charging a nominal fee to use coding system and to avail of advantages and benefits therein was neither reflective of business aptitude nor indicative of profit-oriented intent.  Accordingly, proviso to section 2(15) did not get attracted, and hence, there was no justification for denying exemption under section 11.

Marketing Expense for Issuance of Handsets on Free of Cost is allowed as Business Expense

August 25, 2020 918 Views 0 comment Print

The issue under consideration is whether the marketing expenditure incurred on account of issuance of handsets on free of cost basis is allowed as business expense or not?

ITAT explains Transfer pricing implications for interest free loan

August 25, 2020 6318 Views 0 comment Print

Motherson Sumi Infotech & Designs Ltd. Vs DCIT (ITAT Delhi) We find that the next issue raised is against the transfer pricing adjustment made on account of interest due on receivables outstanding. The said issue stands covered in favour of the assessee by the decision of the Tribunal in M/s. Global Logic India Ltd. for […]

All Addition Invalid If No Incriminating Material Found During Search

August 25, 2020 3738 Views 0 comment Print

DCIT Vs Venus Overseas Pvt. Ltd. (ITAT Delhi) The common grievance in all these appeals relates to the deletion of the addition made u/s 68 of the Act on account of unexplained share capital and premium though quantum may defer in each year. Vide application dated 30.01.2020, the assessee has invoked Rule 27 of the […]

Draft Order framed u/s 144C(1) on Non-Existent Company is Void-ab-Initio

August 20, 2020 816 Views 0 comment Print

The issue under consideration is whether order passed by the AO held that the draft order framed under Section 144C(1) of the Income Tax Act is in the name of a non-existent company is sustainable in law?

Section 153C instead of section 153A is Void ab Initio

August 20, 2020 1872 Views 0 comment Print

The issue under consideration is whether the issue of notice u/s 153C instead of section 153A is considered as valid assessment or not?

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