Follow Us:

ITAT Delhi

Sec. 292 cannot cure mistake of sending notice in the Name of Deceased Assessee

February 8, 2018 1680 Views 0 comment Print

ITO Vs. Late Sh. Ram Kumar (ITAT Delhi) It is observed from the assessment order passed by Ld. AO that Ld. AO was well informed regarding the demise of assessee. He was supposed to bring the legal heirs on record as per the details submitted before him during assessment proceedings itself. Once the non-existence of […]

Late Fee U/s. 234E for TDS Default Committed prior to 01/06/15 not leviable: ITAT

February 8, 2018 34437 Views 3 comments Print

The Income Tax Appellate Tribunal in its recent order deleted late Fee levied on ground of TDS default since it is committed prior to 1st June 2015.

AO cannot add notional interest for ICD made at Bank FD Rate

February 7, 2018 2922 Views 0 comment Print

AO has treated the subscription of ICD as a loan which in our understanding is not a correct way to interpret an ICD, because it is a deposit made by the subscriber of the ICD issued by a company on a fixed rate of interest and hence it cannot be treated as a loan.

Protective Assessment can’t be made against Shareholder If Overseas Companies already been assessed on substantive basis

February 7, 2018 3270 Views 0 comment Print

AO admitted that the entire amount which was added to income of assessee on protective basis was already assessed in the hands of the overseas companies on substantive basis

Applicability of Section 50C on Transfer of property through transfer of shares in company

February 5, 2018 14892 Views 0 comment Print

On the facts and circumstanced of the case, the learned Commissioner (Appeals) has erred in law in deleting the addition of Rs. 2,21,09,600 holding that the provision of section 50C of the Income Tax Act, 1961 cannot be invoked in this case when there was a transfer of immovable property in view of the provisions of section 2(47)(vi) of the Income Tax Act, 1961

S. 32(1)(ii) Depreciation on non-compete fee as intangible assets: HC sends matter back to AO

February 5, 2018 2157 Views 0 comment Print

1. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in holding that Rule 8D cannot be invoked in the case of the assessee and in directing the A.O. to delete the addition of Rs.3,55,234/- made u/s 14A r.w.Rule 8D.

Mere dismissal of SLP without giving any reasons, cannot be equated with exposition of law

February 5, 2018 2409 Views 0 comment Print

These two appeals filed by the assessee relate to the assessment years 2012-13 & 2013-14. Since common issue is raised in both the appeals, we are, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.

Service tax does not form part of gross receipts for computation U/s. 44BB

January 29, 2018 1380 Views 0 comment Print

Dy. DIT (IT) Vs weatherford Oil Tools (ME) Ltd. (ITAT Delhi) On Issue relating to the service tax, learned AR placed reliance on the decision of the Hon’ble Jurisdiction High Court in the case of CIT vs Mitchell Drilling International P. Ltd. 380 ITR 130 in support of his contention that the service-tax being statutory […]

Payment of Upfront Fees by DIAL held to be Revenue Expenditure

January 8, 2018 3408 Views 0 comment Print

Delhi ITAT held that mere entry in the books of accounts and classifying the said payment as capital, i.e., it has been capitalised in the books will not at all be determinative as it has to be seen on the facts whether such a payment or expenditure falls in the capital filed or revenue field.

Royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for use of licensed information is revenue expenditure

January 5, 2018 4605 Views 0 comment Print

Maruti Suzuki India Ltd. Vs ACIT (ITAT Delhi) The royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for the use of licensed information held to be revenue expenditure

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031