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ITAT Delhi

Loss from Forfeiture of advance against Convertible Warrants held as stock in trade is Business Loss

January 7, 2020 1947 Views 0 comment Print

Lustre Merchants Pvt. Ltd. Vs DCIT (ITAT Delhi) The only dispute in the instant appeal is regarding the treatment of the loss on account of forfeiture of share application money amounting to Rs. 41,61,000/- as business loss or capital loss. While the loss is not in dispute, according to the assessee it is a business […]

Section 54F | Booking of bare shell of a flat | Construction or Purchase

January 2, 2020 2940 Views 0 comment Print

Booking of bare shell of a flat was a case of construction of house property and not purchase, and since construction had been completed within three years of sale of original asset, assessee was duly entitled to deduction under section 54.

PCIT cannot revise Invalid Reassessment Proceedings

December 31, 2019 1971 Views 0 comment Print

M/s. Charbhuja Marmo (India) Pvt. Ltd. Vs PCIT (ITAT Delhi) Invalid Reassessment Proceedings can not be Revised Under Section 263 by PCIT It is well settled Law that since re-assessment proceedings are invalid and bad in law, therefore, such proceedings could not be revised under section 263 of the I.T. Act. It is also well […]

Section 68 Addition cannot be made without proper enquiry by AO

December 26, 2019 9135 Views 0 comment Print

Addition under section 68 on account of high premium was unjustified as there was a clear lack of inquiry on the part of AO once assessee had furnished all the relevant material. 

TDS credit allowable irrespective of deposit by deductor

December 23, 2019 5121 Views 1 comment Print

Aricent Technologies Holdings Ltd. Vs ACIT (ITAT Delhi) Conclusion: Credit for tax deducted at source, which was deducted from the account of the deductee, by the deductor, was to be allowed as taxes paid in the hands of the deductee, irrespective of the fact whether the same had been deposited by the deductor to the […]

Neither of Section 24(b) & Section 48 excludes operation of other

December 22, 2019 3039 Views 0 comment Print

Deduction under section 24(b) and computation of capital gains under section 48 of the Act are altogether covered by different heads of income i.e., income from ‘house property’ and ‘capital gains’. Further, a perusal of both the provisions makes it unambiguous that none of them excludes operative of the other.

Allowability of Provision for post-retirement medical benefit of employees

December 22, 2019 4734 Views 0 comment Print

Provision for post-retirement medical benefit of employees had been created on the basis of actuarial calculation on a scientific basis and liability was not contingent but definite, accordingly, no disallowance could be made.

No addition if margin between value  given by assessee & Departmental Valuer was less than 10%

December 21, 2019 3132 Views 0 comment Print

As margin between the value as given by the assessee and the Departmental Valuer was less than 10 percent and the difference is liable to be ignored and the addition made by the lower authorities on this count cannot be sustained

Reopening based on inquiries conducted without the authority of law is Invalid

December 20, 2019 1626 Views 0 comment Print

Shri Parmod Kumar Sahai Vs ITO (ITAT Delhi) No reopening permissible on basis of invalid enquiry made under section 133 without approval of competent authority when no proceedings were pending We have perused second paragraph of the assessment order which refers to the inquiry made by the Assessing Officer before issue of notice u/s 148 […]

No Penalty Merely for denial of expenditure claimed as revenue

December 20, 2019 2877 Views 0 comment Print

Nortel Networks India Pvt. Ltd. Vs DCIT (ITAT Delhi) In the instant case, the assessee has offered Explanation as why the transaction of loss of security was claimed as business loss. This Explanation has not found to be false by the Assessing Officer. Further, the assessee substantiated the Explanation by way of filing relevant documents […]

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