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ITAT Delhi

ITAT admits Linkedin Profile as additional Evidence

July 5, 2014 3592 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 3607 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 2078 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 3765 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 882 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 6432 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 2511 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.

In Real Estate Broking Business passing of Commission is normal Practice

February 24, 2014 1832 Views 0 comment Print

ACIT vs. Shri Damodar Dass Batra (ITAT Delhi) – The Ld. CIT (A) has erred in deleting the addition of Rs. 11,23,263/- made by the A.O. without considering the fact that these commission expenses are bogus and fictitious and could not be fully substantiated by the assessee.

Litigation & electricity charges allowable in Capital Gain Calculation if for improvement of the property

February 24, 2014 7914 Views 0 comment Print

ITAT Delhi has held in the case of Smiti Golyan Vs. ITO that As per provisions of sec. 48 of the I.T. Act in case of acquisition of the property by way of gift or inheritance the cost of acquisition of the property will be the same as in the hands of the original owner/ transferor/donor.

TDS not deductible on Payments to banks for utilization of credit card facilities are in

February 14, 2014 5703 Views 0 comment Print

The issue is as to whether the payment in question can be termed as commission paid for rendering services by the bank to the assessee for the recovery of the bill amount and so, whether TDS was deductible thereon u/s 194H and whether non-compliance thereof has rightly resulted

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