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ITAT Delhi

House Property which cannot be let out is not taxable on notional basis

November 2, 2018 2100 Views 1 comment Print

Jagat Singh Vs ACIT (ITAT Delhi) Ld. AR submitted that assessee owned two properties, first property is a farm house situated at Dera Mandi, New Delhi and second property is Gobind Mension, Bharatpur. It is submitted that farm house situated at Dera Mandi, New Delhi is self occupied property, and second property at Bharatpur is […]

Gain on Sale of Mutual Fund is Capital Gain: ITAT Delhi

October 30, 2018 1023 Views 0 comment Print

ACIT Vs Sunil Bakht (ITAT Delhi) The holding period of the assessee is minimum of 72 days and maximum of 186 days in the four schemes. The assessee contended before the ld CIT(A) that these are the only four transactions during the year. Magnitude of the investment coupled with the volume is also not much. […]

TDS not deductible on payments of Roaming Charges

October 30, 2018 837 Views 0 comment Print

M/s Idea Cellular Ltd. Vs  ACIT (ITAT Delhi) In the absence of any human intervention during the actual roaming process, payment would not be fee for technical services and cannot be regarded as payments to Section 194J are applicable. FULL TEXT OF THE ITAT JUDGMENT Challenging the order dated 18.3.2015 passed by the learned Commissioner of […]

Running school buses for fees by Trust is not a commercial activity if same is incident to achieve main object of proving education

October 30, 2018 6747 Views 0 comment Print

Delhi Public School Ghaziabad Vs ACIT (ITAT Delhi) The assessee did not provide transport facility to the outsiders and was providing the same only to the students and the staff working for the society. Since transport facility was incidental to achieve the object of providing education, i.e., the object of the society, therefore, the transport […]

S. 194H TDS- Incentive paid by dealers to sub-dealers cannot be equated with commission

October 29, 2018 7269 Views 0 comment Print

Rakesh Kumar Vs CIT (ITAT Delhi) The permissive right to use the SIM cards to get access to the phone network of the telecom companies is given only to the ultimate customers who have activated the connections. Thus, in the case of the telecom company, it is the owner of the prepaid voucher/SIM card and […]

No Penalty U/s. 271AAA on Income surrendered during Assessment

October 29, 2018 1251 Views 0 comment Print

DCIT Vs Star Wire Ind. Ltd. (ITAT Delhi) It is pertinent to note that the Assessing Officer himself has recorded the statement of Shri Mohinder Kumar Gupta in the assessment order, wherein the Director of the Company has elaborated the transaction which was also confirmed by Mr. Kailash Chandra Agarwal. The assessee Company through its […]

Inclusion of Notional interest on interest-free security deposit in computation of annual value u/s 23(1)(b)

October 29, 2018 4827 Views 0 comment Print

DCIT Vs Moni Kumar Subba (ITAT Delhi) In the present case, the AO added notional interest on the interest free security for arriving at annual letting value. Since that was not permissible, the effect would be that such assessment was rightly set aside by the CIT (A) and the Tribunal. Therefore, the orders would not […]

Treatment of interest income for deduction u/s 10B of Income Tax Act, 1961

October 29, 2018 1680 Views 0 comment Print

Assessee is entitled to deduction u/s 10B of the Act in respect of the interest income earned on FDRs made for the purposes of keeping margin money or for availing any other credit facility from banks.

Assessment reopened merely based on details already on record is invalid

October 28, 2018 1626 Views 0 comment Print

There was no new tangible material evidence brought on record by AO. Assessment was reopened only on the basis of details available on record and wrongly interpreted by AO.

Land with no agricultural activities situated within 8 km. of local municipal limits is capital asset

October 26, 2018 13161 Views 0 comment Print

Girdhari Lal Vs ITO (ITAT Delhi) The test for determining whether the impugned land is agriculture bear mainly on the nature or character of the land, and not merely on the actual user or non-user at a particular point of time. If the land is not actually appropriated for agricultural purposes, the minimal requirement is […]

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