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ITAT Delhi

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

November 12, 2015 2967 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 879 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 2060 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 8106 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 2393 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 1835 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 3310 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

No deduction of interest on arbitration award during stay period as no legally enforceable right exists

November 1, 2015 4048 Views 0 comment Print

ITAT Delhi held In the case of M/s National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED) vs. JCIT that there is no qualitative difference between the two situations, viz., first, in which no enforceable liability to pay is created in the first instance, and second

Order of AO stands Null and Void in absence of proper jurisdiction

November 1, 2015 2293 Views 0 comment Print

In case of ITO Vs. M/s. Northern India Transport Company the Appellate Tribunal of New Delhi has held that Assessment Order Passed by the Assessing Officer having no jurisdiction to Assess the entity is null and void.

Explanation 1 to section 271(1)(c) not applies to ‘furnishing inaccurate particulars of income’

October 26, 2015 8821 Views 0 comment Print

ITAT New Delhi held In the case of Tristar Intech Pvt. Ltd. vs. ACIT that for levy of penalty u/s 271(1)(c) there should be concealment of income on the part of assessee. In the given case AO has initiated penalty proceeding u/s 271(1)(c)

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