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ITAT Delhi

S. 151: Sanction granted by writing ‘Yes, I am satisfied’ is not sufficient

September 13, 2018 5001 Views 0 comment Print

Where the JCIT/ACIT has only recorded Yes I am satsfied then, it has to be held that the approving authority has recorded satisfaction in a mechanical manner and without application of mind to accord sanction for issuing notice u/s. 148 of the Act for reopening of assessment and in this situation initiation of reassessment proceedings and reopening of assessment has to be held as invalid and bad in law.

Exhibition participation fees allowable in year of payment despite exhibition in next A.Y.

September 10, 2018 10719 Views 0 comment Print

M/s. Talbros Engineering Ltd. Vs ACIT (ITAT Delhi) Assessee had made a payment of sum of Rs.5,75,860/- for participation in exhibition to M/s. Messee Franfurt Trade Fairs India (P) Ltd. for a stall in the international trade fair for the automobile industry. The payment made by the assessee is not in dispute which is evident from […]

CIT (Appeals) cannot set aside an Assessment Order: ITAT Delhi

September 9, 2018 5625 Views 2 comments Print

Shri Sanjay Thakur Vs The DC IT (ITAT Delhi) Powers of the CIT(A) have been set out in section 251 of the Act. The CIT(A) has more power to send the matter back to the file of the AO for making fresh decision on the issue. Once the assessment order was quashed the CIT(A) has transgressed […]

Receipts from domain name registration amounts to Royalty: ITAT Delhi

September 9, 2018 1377 Views 0 comment Print

Godaddy. com LLC Vs DCIT (ITAT Delhi) Hon’ble Apex Court in the case of Satyam Infoway Ltd. (supra) has held that the domain name is a valuable commercial right and it has all the characteristics of a trademark and accordingly, it was held that the domain names are subject to legal norms applicable to trademark. […]

TDS not deductible on tips paid to employees by Hotel out of Tip Collected

September 8, 2018 2196 Views 0 comment Print

CJ International Hotels Ltd. Vs DCIT (ITAT Delhi) Tips for hotel employees included and paid by customers and collected by the employer and disbursed to the employees do not amount to salary or profit in lieu of salary or payment made by or on behalf of the employer, as such provisions requiring deduction of tax […]

Depreciation is available on genuine goodwill

September 8, 2018 1980 Views 0 comment Print

CLC & Sons Pvt. Ltd Vs. ACIT (ITAT Delhi) (Special Bench) Hon’ble Summit court in CIT vs. Smifs Securities Ltd. (2012) 348 ITR 302 (SC) in which it has been held: “that goodwill will fall under the expression ‘or any other business or commercial rights of similar nature’” and, hence, qualifies for depreciation u/s 32(1) of […]

Delay in filing TDS return due to outside professional is reasonable cause

September 7, 2018 1296 Views 0 comment Print

M/s. Oriental Insurance co. ltd, Vs JCIT (ITAT Delhi) In the present case the quarterly TDS return in form No. 24Q, which was to be filed by the assessee on 15.06.2011 was filed on 05.04.2013 causing the delay of 660 days. The main reason shown by the assessee is that the work was entrusted to […]

Tax Exemption cannot be denied to IOA Merely for Receiving Sponsorship

September 7, 2018 2460 Views 0 comment Print

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] – 40, New Delhi dated 31.12.2015 pertaining to A.Y 2011-12. 2. Grievances of the Revenue read as und

Wrong Name on Assessment Order of non existent Company can’t be cured by section 292B

September 7, 2018 1608 Views 0 comment Print

ACIT  Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi) AO has passed the assessment order u/s 153A of the Act in case of Mahagun Realtors Pvt. Ltd (represented by Mahagun India Pvt. Ltd after amalgamation) despite the fact that the above company has merged with Mahagun India Pvt. Ltd by the order of the Hon’ble […]

Estimation of NP: Separate addition for creditors & Loan cannot be done

September 7, 2018 1665 Views 0 comment Print

Shrinet & Shandilya Construction (P) Ltd. Vs Addl. CIT & DCIT (ITAT Delhi) Once the trading results and books of accounts have been rejected and income is being estimated by applying net profit rate on the declared gross contract receipt, then no other addition is required to be made on account of any other trading […]

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