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ITAT Delhi

Rebate of STT paid u/s 88E available against tax calculated u/s 115JB

July 23, 2014 6988 Views 0 comment Print

Assessing Officer has computed the taxable income of the assessee company under the normal provisions of the Act as well as under the special provisions of section 115JB of the Act. While computing the book profit u/s 115 JB, the Assessing Officer has not allowed the rebate on account

AO cannot object submission of additional evidence if same is accepted by CIT(A)

July 21, 2014 3324 Views 0 comment Print

After considering the rival submissions and perusing the relevant material on record, it is noticed that though the assessee did not extend co-operation to the AO during the assessment proceedings, but such deficiency was made good by submitting the relevant evidence before the ld.

Penalty not leviable on issue on which a substantial question of law has been framed by HC

July 21, 2014 1613 Views 0 comment Print

Admittedly the impugned addition pertaining to the amount received by the assessee from M/s. Newell Rubbermaid Inc. has been upheld by the Tribunal. At the same time we also observed that in assessee’s appeal ITA No. 1235/2011 order vide dated 29.11.2011 (supra) the Hon’ble High Court

ITAT admits Linkedin Profile as additional Evidence

July 5, 2014 3556 Views 0 comment Print

In the petition for admission of additional evidence it is submitted on behalf of department that the Linkedin Profile of employees of Assessee are available in public domain and down loaded from the web site of internet and the source is indicated against the same.

No addition in respect of concluded assessments unless some incriminating material was found during search

June 22, 2014 3574 Views 0 comment Print

Where a search is initiated u/s 132 of the Act etc., the A.O shall issue a notice requiring the person searched etc. to furnish his return of income in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year

Penalty cannot be levied for every disallowance made in assessment order

June 15, 2014 2054 Views 0 comment Print

Assessee has not concealed anything in this regard. Therefore, it cannot be a case of concealment of facts. As far as the filing of inaccurate particulars of income is concerned, we hold that assessee was having huge carry forward losses and depreciation and the return was filed at nil income.

Transfer of loan through journal entry is not violation of sec 269

June 8, 2014 3741 Views 0 comment Print

Hon’ble Delhi High court in the case of Dinesh Jain has held that Penalty u/s. 271E is leviable if a person repays any loan, otherwise, than in accordance with provisions of section 269T. As per section 269T no person shall repay the loan otherwise, than by an account payee cheque or account payee bank draft drawn in the name of the person who has made the loan.

Jewellery prescribed limit treated explained Revenue shows anything contrary

May 16, 2014 879 Views 0 comment Print

ITAT Delhi ruling in Divya Devi vs. ACIT: Jewellery rebate as per CBDT’s Instruction No. 1916. Download full text of the order. Date: 16-05-2014.

Benefit U/s. 54 / 54F on property jointly held by assessee with wife for Security Purposes

April 5, 2014 6396 Views 0 comment Print

Issue for consideration is in relation to allowing deduction under sec. 54 of the Act in respect of the whole of the amount invested by the assessee in the purchase of residential house. The assessee purchased residential property at C-602, The Residency, Ardee City, Gurgaon in joint name with his wife Smt. Ritu Verma and claimed deduction under sec. 54 of the Act in respect of amount of Rs. 80,00,000/- invested in residential property.

ITAT criticises AO and DRP for blatantly frivolous and unsustainable additions

March 22, 2014 2451 Views 0 comment Print

whether or not addition of Rs 5,739.60 crores (Rs 5739,60,05,089) made by the Assessing Officer with respect to the disallowance of loss on transfer of telecom infrastructure is justified, tenable in law and on the facts of this case.

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