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ITAT Delhi

Rent from Mobile antennae installed at terrace taxable as House Property Income

January 16, 2015 50958 Views 7 comments Print

Rent is for space to host the antennas and not for the antennas. As long as the rent is for the space, terrace and roof space in this case and which space is certainly a part of the building, the rent can only be taxed as ‘income from house property’.

s. 50C – Circle-rate prevailing on the date of execution of sale deed is relevant & not the rate on registration date

January 14, 2015 4180 Views 0 comment Print

Assessee sold the land vide registered agreement dated 27th May 2004, for consideration of Rs.2,62,08,000/- and on the said date the circle rate was Rs.13,000/- per sq meter. However, on the date of registration of sale-deed, i.e. 16th September 2004, the circle-rate enhanced to Rs.20,000/- per sq meter.

If dividend is not received, disallowance u/s 14A cannot be made

January 4, 2015 3228 Views 0 comment Print

In further held that Once the assessee has been found to have made a business investment by way, of shares in related line of business, the said investment though held by way of shares in the said company cannot be subjected to disallowance under section 14A of the Act

Incorrect claim would not tantamount to furnishing of inaccurate particulars

January 4, 2015 5628 Views 0 comment Print

The dictum laid down in case of Rubber Udyog Vikas (P) Ltd. is that incorrect claim would not tantamount to furnishing of inaccurate particulars unless it is established that assesee has acted with malafide intention.

Maxim of “audi alteram partem”cannot be sacrificed at the altar of administrative convenience or celebrity

January 4, 2015 3329 Views 0 comment Print

The principles of natural justice are those which have been laid out by the Courts as being the minimum protection of the rights of an individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights.

Most TP Audit Report by CAs unreliable with pathetic professional work

January 2, 2015 9901 Views 0 comment Print

It seems CAs are under attack from all parts of the world for good or not so good reasons. Recently CAG in its report Criticised CAs for alleged Mistakes in Tax Audit Report and signing of Tax Audit Reports more than the prescribed limit.

Notice issued in the name of amalgamated company is void

December 31, 2014 3734 Views 0 comment Print

Admittedly the assessment for the year under consideration has been completed on the basis of notice under Section 153C dt. 14.9.2010. Notice has been issued in the name of M/s Image Credit & Portfolio Ltd. That the Hon’ble Delhi High Court

ITAT hauled up AO and DRP for ‘Blatantly frivolous & unsustainable’ additions

December 21, 2014 2209 Views 0 comment Print

Learned counsel for the assessee submitted that it is a case of frivolous double addition on deliberate misconception of the facts. He took us through the year-end financial statements of the assessee and its computation of income to demonstrate that the impugned addition

A.O. is not only an adjudicator but also an investigator

November 19, 2014 2756 Views 0 comment Print

It is settled law that that frequency and magnitude of transaction are also important factor to decide whether the transaction is business transaction or investment transaction. Now in our considered opinion, the magnitude of share transaction in this case does call for any enquiry

A mere diference is perception of CIT & AO cannot make the order erroneous & prejudicial to the interest or revenue

November 3, 2014 3383 Views 0 comment Print

In sunbeam Auto case Hon’ble Delhi High Court has held that though revision can be made in a case when there is lack of enquiry in the order, however, inadequate inquiries cannot be a basis of revision as it depends on the perception of the officer exercising assessment powers.

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