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ITAT Delhi

Reopening based on facts disclosed in Profit & Loss account during Original Assessment not permissible

November 12, 2015 940 Views 0 comment Print

DCIT vs. M/s. State Farms Corporation of India Ltd. (ITAT Delhi) Reasons had been taken from the facts disclosed in the assessee’s balance sheet as well as reflected in the Profit & Loss account which were also before the AO at the time of original assessment

After expiry of 4 Years no notice u/s. 148 can be issued without approval of CCIT or CIT

November 12, 2015 1577 Views 0 comment Print

According to Section 151(1) proviso if the Assessing Authority who is below the rank of Assistant Commissioner or the Deputy Commissioner want to re­open the ‘case after the expiry of 4 years unless the Commissioner is satisfied that it is a fit case for issue of that notice. In the present case

DEPB benefits eligible for deduction under Section 10B

November 12, 2015 1596 Views 0 comment Print

The present appeals filed by the Revenue are directed against the orders of CIT(A), Faridabad, dated 27.12.2011 and 20.12.2012 passed for the assessment years 2007-08 and 2008-09 respectively. The Revenue raised the following grounds of appeal in ITA No. 1321/Del/2012

Registration U/s. 12AA/ 80G cannot be denied by examining issues which are relevant for assessments

November 12, 2015 2907 Views 0 comment Print

Hari Om Sewa Dal Vs. CIT(Exemptions)-ITAT Delhi- We find from the order of the Commissioner of Income Tax (Exemptions) that the registration under Section 12AA of the Act was denied to the appellant society solely on the ground that the appellant society had been claiming

Income Accumulation for future utilization on one of trust’s object stated in memorandum is not accumulation towards general purpose

November 11, 2015 864 Views 0 comment Print

The ITAT Delhi in the case of Fashion Design Council of India vs. Assistant DIT held that accumulation of income for utilization in future is allowable as deduction when the same is accumulated for meeting an object stated in trust’s charter document AND AO cannot treat the same as accumulation for general & indefinite purpose merely because that object had been most pursued one by the trust.

Bogus Purchase- Mere Adjustment in Purchase without disturbing Sales not Justified

November 7, 2015 2015 Views 0 comment Print

ACIT vs Advert Communication ( ITAT Delhi) 1.If addition has to be made for bogus purchases then sales should also be disturbed ; 2.Until and unless both parties don’t confirm the cessation of liability then addition cannot be made u/s 41(1); 3.

AO cannot treat Advertisement expenses as deferred revenue expenditure

November 6, 2015 8028 Views 0 comment Print

ITAT Delhi held In the case of DCIT vs. M/s. Spice Retail Ltd. that the expenditure incurred by the assessee on advertisement has been treated as revenue in nature. It is not open for the AO to treat an expenditure as party revenue in nature and balance 25% as deferred revenue expenditure.

CIT can reject trust registration u/s 12AA if Trust deed is not having dissolution clause

November 6, 2015 2369 Views 0 comment Print

ITAT Delhi held In the case of M/s SRK Education & Research Charitable Trust vs. CIT that it is clear in this case that the CIT refused to grant the trust registration because there was no dissolution clause in the trust deed and also the assessee had not done any charitable activity.

CIT not authorized to verify charitable activities of trust while granting registration u/s 12AA

November 5, 2015 1805 Views 0 comment Print

ITAT Delhi held In the case of Jaipal Singh Sharma Trust vs. CIT that it is well settled that at the stage of grant of registration, the non-commencement of the activities by the Trust cannot be a ground for refusal of registration u/s 12AA.

No TDS liability on assessee for mere reimbursement of expenses – ITAT

November 4, 2015 3265 Views 0 comment Print

ITAT Delhi held In the case of Luxmi Rice Mills vs. ITO that there is no TDS liability on the assessee on account of reimbursement of expenses. In the present case, the assessee reimbursed the expenses to the bank and the bank ought to have deducted the TDS when there was a contract in between the bank and the NBHC

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