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ITAT Delhi

Entertainment tax subsidy to meet cost of Multiplex Theater building and Machine is Capital Receipt

May 24, 2018 3228 Views 0 comment Print

All the appeals by the Revenue are directed against different orders of the Ld. CIT(A)- 1, Dehradun, dated 06th February, 2014, for the A.Ys. 2009-2010, 2010-2011 and 2008- 2009.

Addition on the basis of dumb/bald documents not sustainable

May 24, 2018 1881 Views 0 comment Print

This appeal filed by the assessee against the order of the Ld. CIT(A)-XXVI, New Delhi dated 21.8.2017 and pertains to assessment year 2009-10.

ITAT on Addition for difference in TDS Certificate and Return Amount to Income of Assessee following cash method of accounting

May 24, 2018 2433 Views 0 comment Print

ACIT Vs. Rajiv Nayar (ITAT Delhi) The brief facts of the case are that appellant is a senior Advocate of Hon’ble Delhi High Court. He filed his return of income on 30.07.2009 at Rs. 10,77,55,060/-. During the course of assessment proceedings it was found by the ld AO that the TDS certificates shows higher gross […]

Ignorance of law is not excuse and cannot be a ground to avoid tax liability

May 24, 2018 4725 Views 0 comment Print

Whirlpool of India Ltd. Vs. DCIT (ITAT Delhi) In the present case, there is admission on part of the assessee that the quantum of depreciation claim was incorrectly computed at enhanced cost. It is well settled principle that ignorance of law is not excused and cannot be a ground to avoid tax liability. The Assessee […]

Addition for deemed dividend in Section 153A assessment not sustainable in absence of any incriminating material

May 22, 2018 1212 Views 0 comment Print

hese are the three appeals filed by the revenue for Assessment Year 2007-08 to 2009-10. The assessee has filed cross objections in all these appeals making it a bunch of six appeals. All these six appeals involved common grounds pertaining to the respondent and therefore, they are disposed of by this common order.

ITAT explains how accommodation entries are routed through shell companies as share capital to evade taxes

May 22, 2018 16206 Views 0 comment Print

Shaan Construction P Ltd Vs ITO (ITAT Delhi) ITAT noted that whole exercise carried out by the assessee is simply a devise to introduce unaccounted money through various shell companies in the form of share capital at a premium. The manner of issue of the shares through these companies, the manner of providing confirmation on […]

In absence of incriminating material Assessment U/s. 153A is without jurisdiction and additions are not sustainable

May 22, 2018 1497 Views 0 comment Print

We find that the additions made by the assessing officer are beyond the scope of section 153A of the Income Tax Act, 1961, because no incriminating material or evidence had been found during the course of search so as to doubt the transactions.

Unabsorbed depreciation not to be adjusted first in computation of deduction U/s. 10A

May 22, 2018 3291 Views 0 comment Print

Deduction u/s 10A is to be allowed from total income as computed under chapter IV of the Income Tax Act, 1961 and not at the stage of computation of total income under chapter VI of the Income Tax Act, 1961. Therefore from this it is clear that while claiming deduction u/s 10A unabsorbed depreciation is not to be adjusted.

Appeal filed manually by legal heir cannot be dismissed if website does not allow online filing

May 22, 2018 10305 Views 3 comments Print

The CIT(A) is directed to first address the claim of the assessee namely that the online platform itself was not permitting the assessee to register as a legal heir in order to e-file the appeal, thus the assessee cannot be penalized for non compliances which are a result of limitations of the platform provided.

No tax leviable on Gifts/Prizes/Awards/Rewards received by sportsman Abhinav Bindra

May 21, 2018 16068 Views 0 comment Print

G.D. Agrawal, Vice-President – This appeal by the assessee is directed against the order of learned CIT(A)-I, Dehradun dated 21st February, 2013 for the Assessment Year 2009-10.

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