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ITAT Delhi

DRP cannot absolve from its duty without going into merits of contention of assessee while deciding comparability

December 31, 2015 876 Views 0 comment Print

In the case of M/s. Equant Solutions India Pvt. Ltd. Vs. ACIT Delhi Bench of ITAT remanded back the matter and held that DRP has not met the contention of the assessee in respect of inclusion/exclusion of comparable in its order.

Interest on delayed payment in connection of acquisition of property is allowed u/s 24 (b)

December 31, 2015 2633 Views 0 comment Print

ITAT Delhi held In the case of Wel Intertrade Pvt. Ltd. vs. ITO that there is no dispute that for purchasing the property at Munirka for a consideration of Rs.9,37,33,600, the assessee had taken loan from HDFC Bank for Rs.6.50 crores on which the authorities below have allowed the interest paid by the assessee.

TP: Companies in production & sale of software products cannot be compared with those in development of software on contract basis

December 31, 2015 2431 Views 0 comment Print

ITAT Delhi held In the case of Avaya India (P) Ltd. vs ACIT that a perusal of the annual report of company reveals that the said company has made income from sale of license to the tune of more than Rs.1 crore,

Exemption u/s 10A available on undisclosed income surrendered during survey proceeding u/s 133A

December 30, 2015 1341 Views 0 comment Print

M/s Bridal Jewellery Mfg. Co.Vs. ITO (ITAT Delhi) In the present case, it is an admitted fact that the assessee was engaged in the manufacturing of jewellery, during the process of manufacturing on behalf of the customers

Migration from one phase to another would not result in transfer of license awarded in Phase I

December 29, 2015 643 Views 0 comment Print

The ITAT Delhi in the case of Digital Radio Broadcasting Ltd. held that the migration from one phase to another phase cannot be considered as transfer of license awarded under phase I particularly when the license agreement restrict any type of transfer or assignment of license or rights thereunder.

Transfer Pricing: Revenue can’t adjust operating costs in allowing capacity adjustment

December 28, 2015 3595 Views 0 comment Print

In the case of DCIT Vs. Claas India Pvt. Ltd. Delhi Bench of ITAT have denied to approve the method adopted by AO/TPO in allowing capacity adjustments. ITAT further held that once the law enjoins for doing a particular thing in a particular manner alone

Assessment of a dissolved company is illegal

December 27, 2015 3989 Views 0 comment Print

In the case of Advance India Projects Ltd. Vs. ACIT Delhi bench of ITAT have held that assessment upon a dissolved company is impermissible as there is no provision in Income-tax Act, 1961 to make an assessment thereupon.

Disallowance cannot be made of expenditure not claimed as deduction in profit & loss account

December 26, 2015 3743 Views 0 comment Print

ITAT Delhi held In the case of Sunaina Tower Pvt. Ltd. vs. ACIT that the material issue is that the said expenditure was never claimed as business expenditure, the occasion to make a disallowance of the same does not arise.

Where no satisfaction was recorded by AO at the time of search, revenue cannot attain jurisdiction over other person

December 25, 2015 784 Views 0 comment Print

In the case of ACIT Vs. Shivaansh Advertising & Publications Pvt. Ltd. Delhi Bench of ITAT observed the requirements of section 153C provides for taking recourse to assessment in respect of any other person and held the conditions precedent are

S. 263 Only Can to hold further enquiries in case of inadequate enquiry by AO

December 23, 2015 1310 Views 0 comment Print

ITAT Delhi held In the case of A2Z Maintenance and Engineering Services Ltd. vs. CIT that the Hon’ble Jurisdictional High Court in the case of DIT vs Jyoti Foundation 357 ITR 388 (Delhi) held that where the order u/s 263 records that the inquiries were not sufficient and further inquiries

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