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ITAT Delhi

Sec 54F not prescribe any condition as to date of commencement of construction of new house property

March 8, 2018 12774 Views 0 comment Print

Section 54F do not prescribe any condition as to the date of commencement of construction of new house property, meaning thereby that the construction of house property may be commenced even before the date of transfer of original asset.

In absence of search Penalty u/s 271AAA cannot be levied

March 8, 2018 1155 Views 0 comment Print

A perusal of the assessment order shows that the assessee has surrendered the income, explained the manner in which it was earned and has paid the taxes due thereon. Therefore, the assessee has fulfilled all the conditions laid down in Section 271AAA for non-levy of penalty under the said provisions. Even otherwise also, it is an admitted fact that no search has taken place in the premises of the assessee and, therefore, provisions of Section 271AAA are not at all applicable.

Late fees U/s. 234E cannot be levied for the period prior to 01/06/2015

March 5, 2018 25284 Views 0 comment Print

Dharam Deep Public School Vs. Dy. CIT (ITAT Delhi) Section 200A of the Act deals with processing of statement of tax deducted at source, whereas, section 234E of the Act deals with fee for default in furnishing statements.Iit was held that ‘intimation raising demand prior to 01/06/2015, u/s 200A of the Act, levying fee u/s […]

No TDS on Commission to Non-Resident paid/payable outside India having no PE in India

March 5, 2018 3237 Views 0 comment Print

Dy. CIT Vs Maan Aluminum Ltd. (ITAT Delhi) The undisputed fact is that the assessee had paid commission to two non-residents on export orders procured by them. It is also undisputed that the nonresident agents did not have any permanent establishment or permanent place in India and the agents operated from outside India. It is […]

No Dis allowance U/s. 14A if no exempt income earned during the year

March 4, 2018 7098 Views 0 comment Print

Where assessee had not earned any tax-free income, then, corresponding expenditure also could not be worked out for dis allowance.

Registration U/s. 12A/12AA cannot be denied for non-production of books & vouchers

March 3, 2018 4296 Views 0 comment Print

CIT is not justified in rejecting registration on the ground that the non-production of books and vouchers means that the genuineness of the charitable activities cannot be verified. The CIT is entitled only to examine the objects of the trust at the stage of registration and not the books of account

Unrecognized courses comes within the meaning of education for exemption U/s. 11

March 2, 2018 2223 Views 0 comment Print

ITO (E) Vs. M/s Young Women’s Christian Association of Delhi (ITAT Delhi) Unrecognized courses are also comes within the meaning of education or in other words, it can be said that the charitable purposes includes relief to the poor, education (yoga), medical relief, preservation of environment and preservation of monuments or placed or objects of […]

Penalty cannot be imposed for Mere ALP computation method change by TPO

March 2, 2018 1830 Views 0 comment Print

It is seen that the grounds on which the ALP determined by the assessee has been rejected are reasonably debatable. The assessee had obtained a transfer pricing study from an outside expert and the objectivity of the same was not called into question.

Penalty order liable for cancellation if penalty notice do not specify why it is been initiated

February 28, 2018 4044 Views 0 comment Print

This appeal filed by the assessee is directed against the order dated 08.07.2013 passed by the CIT(A)-IV, New Delhi in appeal No. 03/12-13 for the AY 1997-98 passed u/s 271 (1 )(c) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’ for short].

Addition U/s 68 merely for Share capital/ premium for Receipts from companies having registered office at same address not justified

February 28, 2018 3699 Views 0 comment Print

Commissioner (Appeals) therefore, rightly noted that there is no law that more than one Company cannot have its Registered Office at one address. The Companies could have change their address later on.

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