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ITAT Delhi

ITAT deletes addition for jewellery in excess of limit prescribed under CBDT Instruction No. 1916

June 9, 2018 3966 Views 0 comment Print

ITAT held that the excess jewellery found in the case of assessee, his parents, his wife, their children and the HUF was very nominal, and was very much reasonable, keeping in mind the riches and high status and more customary practices.

Expense cannot be disallowed for mere Non-debiting in books of account

June 9, 2018 8028 Views 0 comment Print

Non-debiting of the expenditure in the books of account is not relevant for allowability of the same as long as the expenditure is really incurred and is deductible as per law

Streedhan in the form of jewellery received during span of 20-25 yeas cannot be said to be unexplained investment U/s. 69A

June 5, 2018 11253 Views 0 comment Print

That the Learned Commissioner of Income Tax (Appeals) -2, New Delhi has erred in deciding the appellate proceedings by confirming the additions made by the learned Assessing Officer without providing a reasonable opportunity to the appellant to submit and substantiate his claim on the additions made by the Learned Assessing.

Section 54 exemption available on amount utilized for purchase of new asset before due date of filing return of income but after filing of ROI

June 5, 2018 18213 Views 1 comment Print

Shri Arun Kumar Jain Vs. ITO (ITAT Delhi) The A.O. noted that as per Section 54(2) of the I.T. Act, the amount of capital gain, which is not utilized by him for the purchase of new asset before the date of furnishing the ITR under section 139, shall be deposited by him, before furnishing such […]

TDS not deductible on TIP received from guests and distributed among employees

June 4, 2018 960 Views 0 comment Print

The above two appeals filed by the assessee are directed against the order dated 30.04.2005 passed by CIT(A)-41, New Delhi confirming the order passed by the Assessing Officer u/s 201 (1) and 201 (1A) of the I. T. Act for the A.Y. 2011-12.

Job Work Charges from Eligible Unit eligible for deduction u/ s. 80IC

June 4, 2018 1671 Views 0 comment Print

DCIT Vs M/s Dynamic Transmission Limited (ITAT Delhi) With regard to addition of Rs. 63,66,574/- on account of job work charges u/s. 80IC of the I.T. Act, 1961 is concerned, we note that the AO has observed that deduction u/s. 80IC is available only in respect of articles or things manufactured by itself in its […]

Cash Payments not claimed as expenditure cannot be disallowed U/s. 40A(3)

June 4, 2018 2109 Views 0 comment Print

Question of disallowance under section 40A(3) would not arise, where assessee had not claimed the payments as expenditure, while computing its business income.

Assessment framed u/s 158BC was void ab initio if notice U/s. 143(2) was not issued

June 4, 2018 1188 Views 0 comment Print

Shri Ashok Kumar Aggarwal Vs ACIT (ITAT Delhi) AO repudiates the return filed u/s 1 58BC (a) of the Act and proceeds to make an enquiry, he has to necessarily follow the provisions of section 142, 143(2) and 143(3) of the Act. In the case before us, the Department has not been able to negate […]

No Penalty under section 271(1)(c) if Addition on estimate basis

June 3, 2018 20742 Views 0 comment Print

When income of assessee was determined on estimation basis of net profit, then no penalty under section 271(1)(c) could be imposed for concealment and furnishing inaccurate particulars.

Ground & technical handling services rendered to other airlines in India- Taxation

June 3, 2018 2154 Views 0 comment Print

DCIT Vs. M/s. KLM Royal Dutch Airlines (ITAT Delhi) The technical handling services rendered by the assessee to the other airlines in India held to be part of the business of the assessee from the operation of aircraft in international traffic. In DCIT vs. KLM Royal Dutch Airlines [ITA No: 3819 /Del/2015, (A.Y. 2009-10) & […]

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