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ITAT Delhi

Third part statement cannot be relied if No Opportunity for Cross-Examination was given

January 3, 2019 3051 Views 0 comment Print

Rajat Exports Import (India) Pvt. Ltd. Vs ITO (ITAT Delhi) The AO noted in the assessment order that the DIT (Inv.) in the course of investigation in the case of Shri Mukesh Gupta, Shri Rajan Jassal and Shri Surinder Pal Singh recorded their statements. The assessee was supplied with the seized material at the fag […]

Gain on sale of Shares held for more than 12 months as investment is LTCG

January 3, 2019 2451 Views 0 comment Print

ACIT Vs M/s. Wig Investment (ITAT Delhi) AO has treated not only the gain on mutual funds as business income but also gain on profit and sale of shares as also as business income. Now in view of the CBDT Circular dated 29.9.2016, if shares are held for more than 12 months which have been […]

Document related to transactions recorded in books cannot be considered as incriminating material

December 28, 2018 2748 Views 0 comment Print

Advocate Akhilesh Kumar Sah Lord Krishna Dwellers (P) Ltd. Vs DCIT (ITAT Delhi) Lord Krishna Dwellers case: Purchases of land reflected in the seized sale deeds duly recorded in the regular books of account, documents seized relating to same during the course of search cannot be considered as incriminating material, enabling AO to proceed under section […]

AO has no jurisdiction when reasons for initiation of Reassessment proceedings cease to survive

December 27, 2018 1566 Views 0 comment Print

ITO Vs Aggregate Finance & Investment P. Ltd (ITAT Delhi) Be that as it may, as adverted to supra, the case of the Ld. AO while recording the reasons was that the assessee derived the income as a provider of bogus accommodation entries. However, the addition was made on account of receipt of share application […]

No penalty for mere non-reflection of Income surrendered voluntarily in ITR

December 25, 2018 3357 Views 0 comment Print

Where assessee had already paid income-tax on the amount surrendered during the course of survey, it could not be said that the surrendered income was not voluntary and the assessee wanted to conceal the income, therefore, imposition of penalty under section 271(1)(c) was not justified.

Assessment by serving notice at wrong address: ITAT orders fresh adjudication

December 24, 2018 1710 Views 0 comment Print

Pradeep Jain Vs ITO (ITAT Delhi) In the present case, it is noticed that the AO issued notices u/s 148 and 142(1) of the Act at the address D-60, Noida Authority, Sector-108, Noida. However, the assessment was framed by mentioning the address of the assessee as P-3, Shop No. LGF 20, Krishna Apra Plaza, Sector-18, […]

Derivative Transaction Loss is not Speculation Loss & can be adjusted against Business Income

December 23, 2018 3369 Views 0 comment Print

M/s. Sucon India Ltd Vs JCIT (ITAT Delhi) Loss suffered by assessee on derivative transaction is not speculative loss and as such eligible to be adjusted against business income and Explanation 73 of the Income Tax Act is not attracted. FULL TEXT OF THE ITAT JUDGMENT Appellant, M/s. Sucon India Ltd. (hereinafter referred to as […]

Notice U/s. 148 unsustainable Once Arm’s Length Price Procedure Followed

December 18, 2018 2010 Views 0 comment Print

Honda Motor Co. Ltd. Case: Where Reassessment Is Based Only On Allegation That Appellant Has PE In India, Notice Under Section 148 Cannot Sustain Once Arm’s Length Price Procedure Has Been Followed.

Subsidy based on reimbursement of sales tax – revenue or capital receipt?

December 8, 2018 4260 Views 0 comment Print

ITAT, Delhi held that the subsidy received by the assessee from the subsidy received under the West Bengal Incentive Scheme of 2004 was capital in nature and could not be taxed as revenue receipts.

Mere Object clause in MOA not sufficient to claim rent as Business Income

November 30, 2018 6354 Views 0 comment Print

New Horizon Logiware (P) LTD Vs ITO (ITAT Delhi) AO has discussed the facts in detail and the relevant clauses of the lease deed and also mentioned that the said warehouse was already rented to present tenant (Tupperware) by earlier owner from whom assessee has purchased this building in this year. As per AO, the […]

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