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ITAT Delhi

Assessment not valid if AO fails to issue notice u/s 143(2) after return filing by way of letter by Assessee

November 14, 2015 4181 Views 0 comment Print

Ms. Meenakshi Aggarwal vs. ITO (ITAT Delhi) ITAT held that the non-issue of notice u/s. 143(2) after filing of the return of the Assessee, by way of letter, makes the assessment order passed u/s. 143(3) r.w.s. 147 bad in law.

No Set-off of losses or unabsorbed Depreciation/business loss against Profit Exempt U/s. 10A

November 14, 2015 1439 Views 0 comment Print

M/s. A. T. Kearney India Pvt. Ltd. Vs. ITO (ITAT Delhi) Profits and gains u/s 10A were not to be included in the income of the assessee at all and as such the question of setting off of loss of assessee of any profits

Section 14A applies only where there is actual receipt of income

November 14, 2015 3487 Views 0 comment Print

MVL Industries Ltd. vs. D.C.I.T. (ITAT Delhi)- Provisions of section 14A are to prevent claims of deduction of expenditure in relation to income which does not form part of the total income of the assessee; that these provisions are enacted to ensure that only expenses incurred

Interest received by Contractor due to delay in payment is Business Income

November 13, 2015 2959 Views 0 comment Print

Interest received by the assessee on account of delay in the payment of money due to it cannot be taxed separately but only as an income from business. Mehta Construction Co. Vs ITO (ITAT Delhi), ITA No. 3967/Del/2010, Date of pronouncement: 16.10.2015

Book of Contractor cannot be rejected for Mere low Profit or Non Maintenance of Stock Register

November 13, 2015 1741 Views 0 comment Print

Mehta Construction Co. Vs ITO (ITAT Delhi) Assessing Officer was driven to reject the book results, mainly on the ground that the profit returned on the contract receipt is very low and no stock register was maintained.

RBI NPA guidelines overrides Income Tax Act & binding on income tax authorities

November 13, 2015 5516 Views 0 comment Print

The facts emanating from the order of the AO and the submissions of the assessee is that the assessee is a Co-operative Bank and is engaged in banking business and the assessee was claiming deduction u/s 80P(2)(a)(i) up to AY 2006-07 @ 100%.

Section 36(1)(vii) and 36(1)(viia) are separate, distinct and independent from each other

November 13, 2015 48725 Views 1 comment Print

The Kangra Co-operative Bank Vs. JCIT (ITAT Delhi) The Assessing Officer disallowed the bad debts written off of Rs. 20,24,842/- on the ground that the amount of deduction claimed and allowed under the provisions of Section 36(1)(viia) of the Act for bad and doubtful debts of Rs. 3 8,00,870/- is more

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

November 12, 2015 964 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 1607 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 1623 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

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