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ITAT Delhi

Penalty U/s. 271AAA cannot be levied if not asked to substantiate Income Disclosed

January 14, 2019 1503 Views 0 comment Print

ACIT Vs Sh. Bhavi Chand Jindal (ITAT Delhi) Since no specific query was raised, at the time of recording statement under section 132(4) and during the assessment proceedings, however, the manner was substantiated by filing written submission and also referring relevant documents relating to undisclosed income, which were found and seized. Therefore, assessee was not […]

In absence of incriminating material Completed assessments could not be interfered by AO during assessment U/s. 153A

January 14, 2019 1563 Views 0 comment Print

ATS Infrastructure Ltd. Vs ACIT (ITAT Delhi) Completed assessments can be interfered with while making assessment under section 153A only on the basis of some incriminating material unearthed during search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made […]

Loss on Loan Foreclosure deductible while Computing taxable Income

January 14, 2019 3483 Views 1 comment Print

Maruti Countrywide Auto Financial Services Pvt. Ltd. Appeal: Loss On Foreclosure Of Loan Held To Be Deductible While Computing Its Income

Expenses cannot be disallowed merely for non-earning of revenue in relevant year

January 13, 2019 13647 Views 0 comment Print

DCIT Vs HMS Real Estate Pvt. Ltd. (ITAT Delhi) It is held that when an assessee whose business  is to develop real estates, is in a position to perform certain acts towards the acquisition of land, that would clearly show that it is ready to commence business and, as a corollary, that it has already […]

Penalty cannot be imposed based on Original Return in Section 153A Assessment

January 12, 2019 3408 Views 0 comment Print

M/s OSE Infrastructure Ltd. Vs ACIT (ITAT Delhi) When the revised return is accepted and the income is assessed as per the revised income, there is no scope for penalty. In the case of Kirit Dahyabhai Patel vs ACIT, (2017) 80 Taxmann.com 162 (Guj), the Hon’ble High Court held that in view of specific provision of Section […]

Unsecured Loan from relatives cannot be equated with Bank Loan

January 10, 2019 10449 Views 0 comment Print

Hon’ble Delhi ITAT held that there is difference between loan taken from Banks and unsecured loans taken from the relatives. In the case of unsecured loans from the relatives, no formalities and bank guarantee have to be given. Thus the Hon’ble Tribunal has held 15% interest paid on unsecured loans taken as highly reasonable.

HUF cannot be a partner in partnership firm; Belated return cannot be revised

January 9, 2019 45477 Views 1 comment Print

Ajay Kumar Gupta (HUF) Vs ACIT (ITAT Delhi) In our considered opinion, the Assessing Officer has rightly invoked section 154 because the assessee wanted to take benefit of the notification issued by the CBDT. In the present case, as per judicial precedents, the HUF itself cannot become a partner in the partnership firm and as […]

Remuneration to partners not allowable if Assessee fails to comply with section 184(2)

January 9, 2019 3768 Views 0 comment Print

MART Vs ACIT (ITAT Delhi) The issue in dispute before us in respect of remuneration given to the partners, which has been disallowed in terms of section 185 of the Act, which says that “if a firm does not comply with the provisions of section 184 of the Act for any assessment year, then no […]

Expense incurred by Trust for private parent company outside India not allowable

January 9, 2019 1059 Views 0 comment Print

M/s. Escorts Cardiac Disease Hospital Society Vs ITO (ITAT Delhi) Assessee is not running any hospital towards which this expense has been incurred. The assessee just conducted a seminar for the benefit of its parent body i.e. Escorts Hospital, which is a private company. The expense has been incurred outside India and therefore, it is a […]

Income / Losses declared by Investor Companies not a Sole Criterion to examine Creditworthiness

January 4, 2019 1308 Views 0 comment Print

Psychotropics Leasing & Finance (P) Ltd. Vs ITO (ITAT Delhi) The ld. CIT(A) appears to have stressed on the fact that the impugned share holders has shown meager income in their return of income. In our opinion, the income/losses declared by the investor companies is not a sole criterion to examine the creditworthiness of the […]

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