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ITAT Delhi

No penalty for Wrong claim of depreciation by crediting capital subsidy to reserves instead of reducing from actual cost/ WDV

May 28, 2018 2052 Views 0 comment Print

The action of the lower authorities in not following the case laws on the issue and in spite of legal precedents, still not quashing the penalty of Rs. 2,22,240/- is unjust, illegal, arbitrary, illusory and against the facts of the case and thus deserves to be deleted.

Interest received from debtors for late payment of sale proceeds eligible for Deduction U/s. 80-IC

May 27, 2018 7116 Views 0 comment Print

Interest received from debtors for late payment of sale proceeds partakes the character of sale proceeds, and therefore, assessee was eligible for deduction under section 80-IC in respect of such interest.

Reason for reassessment without application of mind if it not specifies that accommodation entries were taken or provided

May 26, 2018 1839 Views 0 comment Print

Challenging the order of the learned Commissioner of Income-tax (Appeals)-IX, New Delhi (for short hereinafter called as “the learned CIT (A)’) in Appeal No.119 of 2011-12 dated 13.08.2014, assessee preferred this appeal.

TDS not deductible on Sim Card & recharge coupon discount

May 26, 2018 1905 Views 0 comment Print

ITO Vs Tarun Sales (ITAT Delhi) ITAT held that Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the BSNL, the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers. The entire sales […]

Search & Seizure: No Incriminating Evidence Found, No Addition Can Be Made

May 26, 2018 1818 Views 0 comment Print

Main arguments of the assessee that the addition and adjustment made to the total income are to be based only on incriminating material found during the course of search fails, then only the other issues in the appeal of the revenue as well as of the assessee will survive.

45% profit from educational activities establishes profit motive of trust and exemption U/s. 11 cannot be allowed

May 25, 2018 4773 Views 0 comment Print

Where assessee- trust was earning profit up to 45% from its educational activities, it was clearly proved that it was existed for profit because profit up to 15% could be said reasonable and legitimate, hence, addition was rightly made.

AO cannot pass assessment order U/s. 143(3) against dissolved Company

May 25, 2018 10611 Views 0 comment Print

This appeal by assessee has been directed against the order of the Ld. CIT(A)-22, New Delhi, dated 17th April, 2017, for the A.Y. 2009-2010.

No exemption for one SOP U/s. 23(2)(a) if property was not occupied by the owner

May 25, 2018 11676 Views 0 comment Print

This appeal by the assessee is directed against order dated 15/06/2012 of learned Commissioner of Income-tax (Appeals)-XXXI, New Delhi [in short ‘the CIT-(A)’] for assessment year 2007-08 raising following grounds

Mere allegation by investigation dept not sufficient to prove Bogus Capital gains from penny stocks

May 25, 2018 12882 Views 0 comment Print

Meenu Goel Vs ITO (ITAT Delhi) The assessee has submitted various documentary evidences to prove the genuineness of the transaction of sale and purchase of shares which includes a copy of purchase bill dated 22.02.2010; a copy of share transfer form in the favour of the assessee; Copy of bank statement highlighting the payment made […]

Income from services rendered in connection with domain name registration is assessable as royalty Income

May 24, 2018 5712 Views 0 comment Print

Rendering of services for domain registration is rendering of services in connection with the use of an intangible property which is similar to trademark. Therefore, the charges received by the assessee for services rendered in respect of domain name is royalty within the meaning of Clause (vi) read with Clause (iii) of Explanation 2 to Section 9(1) of Income-tax Act.

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