Follow Us:

ITAT Delhi

Registration U/s. 12AA cannot be denied to trust established to comply CSR obligations

June 2, 2019 3051 Views 0 comment Print

Escorts Skill Development Vs CIT (Exemptions) (ITAT Delhi) Merely because of the fact that the applicant company has been established to comply with the CSR obligations, the registration u/s 12AA of the Act cannot be denied, particularly when CSR activities are also charitable activities as defined under the Act. FULL TEXT OF THE ITAT JUDGMENT […]

DCF Valuation method not sustainable in absence of evidence to suitability

June 1, 2019 4764 Views 0 comment Print

Agro Portfolio Private Ltd. Vs ITO (ITAT Delhi) We are unable to accept the contentions of the assessee that in view of the provisions under section 56(2)(viib) of the Act read with Rule 11UA(2) of the Rules the Ld. AO had no jurisdiction to adopt a different method than the one adopted by the assessee, […]

Amount claimed to be received as nominee of deceased friend without supportive documents is taxable

May 31, 2019 8895 Views 1 comment Print

Shri Satyendra Nath Kukreja Vs ITO (ITAT Delhi) AR for the assessee challenging the impugned order passed by ld. CIT (A) contended that since the assessee has received the amount in question as a nominee of Shri Tek Chand Bhardwaj after his death being a childhood friend, the same is not liable to be taxed; […]

Expenditure on improvements on leasehold premises is capital expenditure

May 27, 2019 32241 Views 0 comment Print

In other words, the amount so incurred would be capitalized entitling the assessee to depreciation as per the eligible rate. The learned Members of the ITAT held that the facts of the instant case precisely fall within the ambit of Explanation 1 to section 32 and upheld the impugned order treating such amount as capital expenditure, eligible for depreciation.

Section 148 notice without Approval of Competent Authority is invalid

May 25, 2019 2568 Views 0 comment Print

ITO Vs Kuber Fertilizers Pvt. Ltd. (ITAT Delhi) There is no dispute that the notice u/s 148 was issued to the assessee in respect of assessment years, beyond the period of four years from the end of the relevant assessment years as contemplated under the proviso to sub section (1) of Section 151 of the […]

Date of payment of self-assessment tax cannot be treated as date of filing appeal

May 20, 2019 1497 Views 0 comment Print

Since AO and wrongly took the date of deposit of self-assessment tax as date of filing of appeal whereas date of self-assessment tax payment had to be treated as the date of removal of defect in the appeal as originally filed, thus, once defect of remittance of self-assessment tax stood removed, CIT(A) was required to adjudicate the appeal on merits as the same was filed within prescribed period of 30 days from the receipt of order of AO.

Addition for capitation fee as unaccounted money not sustainable when assesse proves non-payment of same by him

May 20, 2019 1125 Views 0 comment Print

Sudarshan Kumar Jain Vs DCIT (ITAT Delhi) I find the son of the assessee Dr. Sandeep Jain who appeared before the Assessing Officer had categorically stated that whatever amount has been paid towards admission and donation/capitation fee has been paid by him. He and his wife are doctors since 1996 and have sufficient source to […]

No Tax on forfeiture of earnest money received during negotiation of a capital assets prior to 01.04.2015

May 19, 2019 2235 Views 0 comment Print

Sh. Ashwani Khurana Vs DCIT (ITAT Delhi) Undisputedly assessee had entered into an agreement to sell qua his property bearing no. 56 Golf Links, New Delhi with one Sanjay Pashi after accepting the earnest money of Rs. 4,62,50,000/-, which was subsequently forfeited as the prospective buyer Sanjay Pashi has failed to perform his part of […]

Addition of premium amount cannot be made solely on the basis of valuation of loss-making company

May 17, 2019 3348 Views 0 comment Print

India Today Online Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Addition of difference premium amount of Rs. 20/- per share in assessee-company on the ground that M company was a loss-making company was not justified as assessee had substantiated the shares issued at Rs. 30 per share was less than the FMV  and the underlying […]

Exemption u/s 54F allowable despite start of construction of new house before sale date of original asset

May 16, 2019 4530 Views 0 comment Print

Exemption u/s 54F allowable despite start construction new house before sale date original asset

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031