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ITAT Delhi

Issuance & service of notice u/s 143(2) at wrong address within knowledge of AO was invalid

October 5, 2019 3462 Views 0 comment Print

Gautam Automobiles Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Since assessee has been consistently disclosing the address to the Revenue Department for the purpose of service and communication at 3, Tansen Marg, Bengali Market, New Delhi and this fact was also admitted by the A.O, therefore, there was no question of service of the notice […]

Interest on FD taxable on accrual basis if Assessee follows mercantile system of Accounting

September 30, 2019 17193 Views 0 comment Print

Addition made by AO on the ground that although assessee had claimed credit for TDS on the interest income from the bank corresponding interest income was not offered to tax by assessee during the year was justified as assessee was regularly following mercantile system of accounting interest income in question was liable to be taxed in assessment year in question itself.

Exemption u/s 11 allowable on donation by a charitable trust to other for utilization towards charitable objects

September 28, 2019 10659 Views 1 comment Print

Inter-trust donation by one charitable trust to another for utilization by the donee trust towards charitable objects was proper application of income for charitable purpose in the hands of donee trust and it would not affect the exemption claimed by assessee u/s 11 in any manner whatsoever nor inter-trust donation could be termed as deviation from its objects .

TDS on Payment made to jewellery market exhibition for stall at exhibition

September 24, 2019 77955 Views 2 comments Print

Where basic evidence to prove the contention of assessee was contract between assessee and organizers, which assessee failed to produce before AO and contentions as raised by assessee have not been substantiated through any evidence or material on record, therefore, space was allotted to assessee for carrying out its business activities and assessee was liable to deduct TDS under section 194-I.

Section 11 Exemption on Principle of mutuality cannot be denied for non-entitlement of some class of members

September 20, 2019 2211 Views 0 comment Print

The income from non-members was offered to tax by assessee, whereas membership fee from its own members was claimed as exempt on the principle of mutuality. Assessee being a trade association of software industries, it’s main object is to promote and protect the interest of its members. Membership received from its own members came within the principle of mutuality. Once assessee is governed by principle of mutuality, even if there are difference class of members, some of whom are not entitled to vote, the club would not be cease to be governed by principle of mutuality.

Developing & Providing Study Material Qualifies as Charitable Educational Activity

September 17, 2019 1299 Views 0 comment Print

World Institution Development Programme Vs ITO (ITAT Delhi) Developing  Study Material Qualifies as educational Activity which qualifies as a charitable purpose within the meaning of section 2(15) of the Act and eligible for exemption under section 11 and 12 of the Act. Admittedly, the assessee is a charitable trust. It is registered u/s 12AA of […]

Addition u/s 69C on basis of statement of third party without providing opportunity of cross-examination to assessee was invalid

September 16, 2019 7965 Views 0 comment Print

Addition under section 69C on the basis of statement of third party without granting opportunity of cross-examination to assessee was not valid as it amounted to ivolation of principle of natural justice and against the law

Anonymous donations- No section 68 addition if Assessee provides complete list of donors

September 15, 2019 2526 Views 0 comment Print

Shanti Niketan Trust Vs ACIT (ITAT Delhi) In the present appeal, the assessee had not only disclosed its donations, but had also submitted a list of donors. The AO proceeded to treat the same as anonymous donations only for the reason that the notices u/s 133(6) of the Act were returned un-served and the assessee […]

Document not found during search on assessee cannot be subject matter for addition -section 153A

September 14, 2019 1641 Views 0 comment Print

DCIT Vs Vikas Jain (ITAT Delhi) Apparently, it appears that the seized document was found at a place other than the place where the search on the assessee has been carried out. Thus, in these circumstances, it cannot be said that this document was found in possession or control of the assessee. If that be […]

Section 44AD: Mere submission of Balance sheet not proves Maintenance of Books of Accounts

September 13, 2019 20520 Views 0 comment Print

Mr. Pradeep Jain Vs ITO (ITAT Delhi) The assessee has filed the return of income for assessment year under appeal declaring income of Rs.9,63,920/-, out of which, income was declared at Rs.9 lakhs under section 44AD of the I.T. Act, 1961. In subsequent A.Y. 2016-2017 also, assessee declared income under section 44AD of the I.T. […]

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