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ITAT Delhi

Stamp duty on lease deed for carrying on of business allowable

August 8, 2020 8226 Views 0 comment Print

Period of lease for which the property has been taken cannot be regarded as a decisive test to determine the nature of the expenditure. It is not disputed that the stamp duty amount has been paid on lease deed for the carrying on of the business of the assessee and therefore the amount of stamp duty paid for has to be allowed as revenue expenditure.

Framing Assessment against Non-Existent Amalgamating Entity is Unsustainable

August 7, 2020 1119 Views 0 comment Print

Genpact India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether the framing of an assessment against a non-existent amalgamating entity is sustainable in law?

No section 68 Addition if Asessee proves Genuineness & Creditworthiness of Creditors

August 7, 2020 1842 Views 0 comment Print

The issue under consideration is whether the addition on account of advances from customers treating the same as unexplained liability (Section 68) is justified in law?

No income tax on Revenue from IDC/Management /Referral Agreement under India-Singapore DTAA

August 6, 2020 1518 Views 0 comment Print

The issue under consideration is whether income tax levied on revenue received from IDC agreement, management agreement, and referral agreement as per the India-Singapore DTAA?

Penalty Order in Name of erstwhile Dissolved Company is invalid

August 6, 2020 2430 Views 0 comment Print

Impugned penalty order passed by the AO in the name of erstwhile dissolved company is a substantive illegality and not a procedural violation of the nature adverted to in Section 292B;

TP Adjustment for notional Interest on outstanding receivables

August 4, 2020 3942 Views 0 comment Print

Global Logic India Ltd. Vs ACIT (ITAT Delhi) Now coming to the next issue raised in the present appeal 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 assessee’s own case for Assessment […]

Depreciation allowable on Actual Cost of Assets without reducing Subsidy

August 2, 2020 10869 Views 0 comment Print

Where the Government subsidy is intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries, the specified percentage of fixed capital costs, which is the basis for determining the subsidy, is only a measure adopted in the scheme to quantify the amount of subsidy and it is not a payment directly or in directly to meet any portion of the actual costs of assets.

No TDS on payments to NRI for Purchase of Raw Materials

July 31, 2020 4362 Views 0 comment Print

The issue under consideration is whether the provisions of deduction of tax at source (TDS) would be applicable in case of payments made to non-resident Indian for the purchase of raw materials?

Unlisted shares sold before 11.07.2014 eligible for benefit of short holding period

July 28, 2020 3912 Views 1 comment Print

The issue under consideration is Unlisted shares sold after holding for 23 months considered as Long Term Capital Gains or Short Term Capital Gains?

No addition for sale consideration outside books of account on mere presumptions

July 28, 2020 981 Views 0 comment Print

In the present case, the A.O, came to the conclusion that since assessee company purchased the same shares just after 05 days from TIDCL at a much lower price, therefore, assessee must have paid the sale consideration outside the books of account. Accordingly, A.O. in the assessment order held that assessee has paid to TIDCL outside books of account and made addition accordingly.

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