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ITAT Delhi

Personal use of expense incurred cannot be attributed without Sufficient Proof

November 8, 2018 5697 Views 0 comment Print

Galgotia Publication (P) Ltd. Vs ACIT (ITAT Delhi) The present assessee before us is a company and is an entity recognised by law, as a legal person, that exist in eyes of law independently with rights and liabilities. Thus no element of personal expenses by the Directors/Office bearers can be attributed, without, there being sufficient […]

Mere Sharp share price movement not enough to infer that assessee manipulated share price

November 5, 2018 975 Views 0 comment Print

Arun Kumar Vs ACIT (ITAT Delhi) The ld AO has not brought any evidence on record to show that these agencies have alleged any stock manipulation against the assessee and or the brokers and or the Company. In absence of any evidences it cannot be said that merely because the stock price moved sharply, the […]

S. 153C List of shareholders maintained by company cannot be said to be belonging to such shareholders

November 5, 2018 960 Views 0 comment Print

DCIT Vs Esteem Textiles P. Ltd. (ITAT Delhi)  Evidently, AO on the basis of a letter written by the company, which was returned by the assessee by putting its signature and seal in confirmation of the accounts, had framed the assessment under section 153C. However, the said document could not be said to belong to […]

House Property which cannot be let out is not taxable on notional basis

November 2, 2018 2040 Views 1 comment Print

Jagat Singh Vs ACIT (ITAT Delhi) Ld. AR submitted that assessee owned two properties, first property is a farm house situated at Dera Mandi, New Delhi and second property is Gobind Mension, Bharatpur. It is submitted that farm house situated at Dera Mandi, New Delhi is self occupied property, and second property at Bharatpur is […]

Gain on Sale of Mutual Fund is Capital Gain: ITAT Delhi

October 30, 2018 1005 Views 0 comment Print

ACIT Vs Sunil Bakht (ITAT Delhi) The holding period of the assessee is minimum of 72 days and maximum of 186 days in the four schemes. The assessee contended before the ld CIT(A) that these are the only four transactions during the year. Magnitude of the investment coupled with the volume is also not much. […]

TDS not deductible on payments of Roaming Charges

October 30, 2018 816 Views 0 comment Print

M/s Idea Cellular Ltd. Vs  ACIT (ITAT Delhi) In the absence of any human intervention during the actual roaming process, payment would not be fee for technical services and cannot be regarded as payments to Section 194J are applicable. FULL TEXT OF THE ITAT JUDGMENT Challenging the order dated 18.3.2015 passed by the learned Commissioner of […]

Running school buses for fees by Trust is not a commercial activity if same is incident to achieve main object of proving education

October 30, 2018 6672 Views 0 comment Print

Delhi Public School Ghaziabad Vs ACIT (ITAT Delhi) The assessee did not provide transport facility to the outsiders and was providing the same only to the students and the staff working for the society. Since transport facility was incidental to achieve the object of providing education, i.e., the object of the society, therefore, the transport […]

S. 194H TDS- Incentive paid by dealers to sub-dealers cannot be equated with commission

October 29, 2018 7233 Views 0 comment Print

Rakesh Kumar Vs CIT (ITAT Delhi) The permissive right to use the SIM cards to get access to the phone network of the telecom companies is given only to the ultimate customers who have activated the connections. Thus, in the case of the telecom company, it is the owner of the prepaid voucher/SIM card and […]

No Penalty U/s. 271AAA on Income surrendered during Assessment

October 29, 2018 1218 Views 0 comment Print

DCIT Vs Star Wire Ind. Ltd. (ITAT Delhi) It is pertinent to note that the Assessing Officer himself has recorded the statement of Shri Mohinder Kumar Gupta in the assessment order, wherein the Director of the Company has elaborated the transaction which was also confirmed by Mr. Kailash Chandra Agarwal. The assessee Company through its […]

Inclusion of Notional interest on interest-free security deposit in computation of annual value u/s 23(1)(b)

October 29, 2018 4770 Views 0 comment Print

DCIT Vs Moni Kumar Subba (ITAT Delhi) In the present case, the AO added notional interest on the interest free security for arriving at annual letting value. Since that was not permissible, the effect would be that such assessment was rightly set aside by the CIT (A) and the Tribunal. Therefore, the orders would not […]

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