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ITAT Delhi

Reopening of assessment merely on Investigation Wing report without independent application of mind was invalid

June 22, 2019 10476 Views 0 comment Print

M/s. Key Components (P) Ltd. Vs ITO (ITAT Delhi) it is clear that there is a total non-application of mind on the part of the A.O. while recording the reasons for reopening of the assessment. He has recorded incorrect amount which escaped assessment. His conclusion was merely based on observations and information received from DIT […]

Bonus to director cannot be disallowed on mere suspicion of dividend distribution

June 21, 2019 1401 Views 0 comment Print

DCIT Vs M/s. BMR Business Solutions Pvt. Ltd (ITAT Delhi) The AO in the assessment order was of the view that the amount of Rs. 1.78 crores paid by the assessee to its Director Mr. Sanjay Mehta, and claimed as bonus was not allowable in view of section 36(1)(ii) of the Act because the sum […]

Employees Stock Option Scheme Compensation expense allowable

June 20, 2019 3702 Views 0 comment Print

DCIT Vs M/s. Info Edge India Ltd. (ITAT Delhi) From the order of ld. CIT(A), it is clear that the ld. CIT(A) has relied on various decisions and has per the decisions relied by the ld. CIT(A), the ESOP has been treated as Revenue expenditure. The Revenue did not bring any contrary decision against the […]

Cost of Land is part of Construction Cost of House to avail Section 54F Exemption

June 20, 2019 4155 Views 0 comment Print

Smt. Yoga Sikka Vs ITO (ITAT Delhi) There is no dispute that the assessee has invested the full sale consideration received on the sale of jewellery in the purchase of the plot of land. It is also not in dispute that before the lower authorities the assessee could not adduce any evidence. The certificate from […]

Depreciation on vehicle fully allowable despite Partial personal use

June 19, 2019 16677 Views 0 comment Print

Ralhan Construction Company Vs ACIT (ITAT Delhi) Regarding disallowance out of vehicle expenses of Rs.1,03,295/-, it is observed that the depreciation of Rs.49093/- is included in it. The depreciation is fixed expenditure in nature whether it is used exclusively for the business or partially for personal use. Thus, the element of some personal use has […]

No addition U/s 68 for Normal donation received by trust even if anonymous

June 18, 2019 3774 Views 0 comment Print

Shree Shiv Vankeshawar Educational & Social Welfare Trust Vs ACIT (ITAT Delhi) Admittedly the assessee has received a donation of INR 16265000/– from 1038 individuals and ld CIT (A) has noted that same is credited to the income and expenditure account of the assessee, However ld AO has noted that same is credited as Corpus […]

Lorry Booking Agent not liable to deduct TDS on freight charges

June 18, 2019 4620 Views 0 comment Print

Assessee had incurred only office expenditure and no expenditure relating to transportation of goods such as loading, unloading charge etc., has been debited, we are of the considered opinion that the assessee actually engaged himself not in the transportation business, but only facilitating or arranging transportation for various parties and he is a mere lorry booking agent. We, therefore, are of the opinion that the assessee cannot be held as the person responsible for deduction of tax at source and to the facts of the case the provisions under section 194C of the Act have no application.

AO cannot reconsider Grounds of Addition negated by Appellate Forums

June 15, 2019 1029 Views 0 comment Print

Shri Ashok Kumar Chauhan Vs ITO (ITAT Delhi) We find that first of all, the Assessing Officer in the impugned assessment order has simply made the addition on the ground that assessee during the course of survey has offered sum of Rs.20 lacs towards investment in furnishing and in equipments in showroom over and above the […]

No penalty on cash loan from Parents and Brother for buying House for Family

June 15, 2019 6042 Views 0 comment Print

In the instant case, has received cash loan from her parents and brother to meet the stamp duty cost for purchase of a house property for her own living, therefore, I am of the considered opinion that it is not a fit case for levy of penalty u/s 271D of the Act and the provisions of section 273B will come to the rescue of the assessee as a reasonable cause.

Reassessment without notice u/s 143(2) was bad in law & cannot be revised u/s 263

June 15, 2019 4053 Views 0 comment Print

Since no notice under section 143(2) had been issued for completion of the re-assessment proceedings, therefore, the re-assessment order itself was bad in law and the same could not be revised under section 263. 

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