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ITAT Delhi

No expense disallowance based on mere Reduction in Revenue sharing

August 15, 2020 1137 Views 0 comment Print

whether disallowance of the expenses only on the basis that there was reduction in the sharing of the revenue in comparison to the earlier years is justified in law?

Section 115JB Doesn’t Envisage Enhancement of Taxable Profits by Adding Loss incurred in Redemption of MF

August 14, 2020 1554 Views 0 comment Print

Whether upward adjustment to book profit under section 115JB of the Act, by treating the loss on purchase and redemption of mutual funds as expenditure relatable to earning exempt income is justified in law?

Onus on Revenue to prove Assessee Paid Donation to College in Cash

August 12, 2020 1206 Views 0 comment Print

The issue under consideration is whether the addition made by AO merely based on the statement recorded under section 132(4) of the I.T. Act is justified in law?

If Income of Any Member is Higher than Basic Exemption Limit then Income of AOP Chargeable at MMR

August 12, 2020 13626 Views 0 comment Print

The issue under consideration is whether AOP is liable to tax at MMR if income of its members during relevant year exceeded basic exemption limit?

Inseparable Renting of workstations in building with amenities taxable as other Income

August 12, 2020 5553 Views 0 comment Print

when a building and plant, machinery or furniture are inseparably let out, then under Income Tax it will be taxable under head of house Property, business or other sources?

Assessment cannot be Reopened if Assessee disclosed fully & Truly All Material Facts during Original Assessment

August 12, 2020 1812 Views 0 comment Print

The issue under consideration is whether the AO is correct in re-opening of the assessment under section 147 even though the assessee has disclose fully and truly all the material facts during original assessment?

Reassessment not sustainable when reasons for initiation of proceedings Seized to Survive

August 11, 2020 1239 Views 0 comment Print

Aince the AO has accepted the returned income for which reasons were recorded, therefore, for making any other addition, he should have issued fresh notice

60% depreciation eligible on UPS as Part of Computer & Peripherals

August 10, 2020 17676 Views 0 comment Print

The issue under consideration is whether the UPS is considered as essentially part of computer system and depreciation at rate of 60% charged on it?

Unabsorbed depreciation can be Carried Forward even if ITR Not filed within Due date

August 10, 2020 37719 Views 1 comment Print

Addl. CIT Vs Nortel Networks India Pvt. Ltd (ITAT Delhi) The issue under consideration is whether the Unabsorbed depreciation can be carried forward even if Income Tax Return has not been filed within period of Due date? ITAT states that, the assessee filed return beyond the due date prescribed u/s 139(1) of the Act. In […]

Assessment reopening based on Wrong Appreciation of Facts is unsustainable

August 10, 2020 1608 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 on the basis of wrong appreciation of facts can be sustained in law?

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