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No infirmity in the order of the ld. CIT (Appeals) in giving direction to the Assessing Officer for issuing notices under Section 151 of the Act.
MANOJ KUMAR JAIN, C/O. M/S. KAPIL GOEL ASSOCIATES VERSUS DCIT, CENTRAL CIRCLE, GHAZIABAD.
(2021) TaxCorp(LJ) 26960 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90980&Category=ITAT&CategoryType=Zip
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Disallowance of interest expense on loan taken for purposes of business and against which interest income has been earned and offered to tax is unwarranted and the same qualifies to be allowed u/s.36(1)(iii)/S.37(l).
MASON INFRASTRUCTURE PVT. LTD. VERSUS DCIT, CIRCLE 16 (2) NEW DELHI.
(2021) TaxCorp(LJ) 26949 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90927&Category=ITAT&CategoryType=Zip
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The assessment order is bad for invoking the jurisdiction u/s. 153C without proper satisfaction and also for not passing the draft assessment order as required u/s. 144C.
DCIT, CENTRAL CIRCLE-19, NEW DELHI VERSUS NEWBURY OIL COMPANY LTD.
(2021) TaxCorp(LJ) 26938 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90897&Category=ITAT&CategoryType=Zip
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Sale proceeds are to be received in convertible foreign exchange in India for being eligible to be considered for the purposes of claiming deduction under section 10 A.
M/S TECNOTREE CONVERGENCE LTD. VERSUS THE INCOME-TAX OFFICER, WARD-16 (2) , NEW DELHI.
(2021) TaxCorp(LJ) 26937 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90901&Category=ITAT&CategoryType=Zip
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There are no segmental financials for marketing and the functions of the assessee are different from that of the comparable thus defaulting the FAR analysis.
AVAYA INDIA PVT. LTD. VERSUS ACIT, CIRCLE-1 (1) NEW DELHI
(2021) TaxCorp(LJ) 26926 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90846&Category=ITAT&CategoryType=Zip
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Delegation of certain formalities regarding collection of booking application forms and money on behalf of the assessee would not cease the assessee company as being rendered as a developer of the project.
DCIT, CENTRAL CIRCLE-6, NEW DELHI VERSUS SAHARA INDIA SAHKARI AWAS SAMITI LTD. AND (VICE-VERSA)
(2021) TaxCorp(LJ) 26919 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90822&Category=ITAT&CategoryType=Zip
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The order u/s 263 passed by the ld. PCIT dwelled into the issue of re-computation of capital gains which is beyond the mandate of the limited scrutiny issued by the CBDT.
RAJANI VENKATA NAGA ANNAVARAPU NARAYANA VERSUS PCIT-20, NEW DELHI
(2021) TaxCorp(LJ) 26904 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90723&Category=ITAT&CategoryType=Zip
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Order of the learned CIT – A does not have any legs to stand. None of the judicial precedents cited before the learned CIT – A applies to the facts of the case.
DCIT, CIRCLE : 10 (1) , NEW DELHI. VERSUS DCIT, CIRCLE : 10 (1) , NEW DELHI
(2021) TaxCorp(LJ) 26896 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90720&Category=ITAT&CategoryType=Zip
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If assessee has interest free funds which far exceed the advance given, then there cannot be any presumption that such advance has been given only out of such interest bearing funds.
NARESH KUMAR C/O ANKIT GUPTA VERSUS ASST. COMMISSIONER OF INCOME TAX, CIRCLE-II, FARIDABAD.
(2021) TaxCorp(LJ) 26892 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90697&Category=ITAT&CategoryType=Zip
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In absence of any contrary material brought to notice of this tribunal, the reassessment proceedings initiated by the AO and confirmed by the CIT(A) is upheld.
BRIJ RESOURCES PVT. LTD. VERSUS ITO, WARD-5 (2)
(2021) TaxCorp(LJ) 26891 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=90698&Category=ITAT&CategoryType=Zip
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Mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee.
Intercontinental Hotels Group India Pvt. Ltd Vs DCIT
(2021) TaxCorp(LJ) 26466 (ITAT-DELHI) · Section 271(1)(c)
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Although, the provision for CSR expenditure has been quantified in accordance with the guidelines of Department of Enterprises, how the amount will be spent has neither been determined nor has been specified by the assessee.
Pawan Hans Ltd Vs Dy. CIT
(2021) TaxCorp(LJ) 26441 (ITAT-DELHI)
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A notice issued u/s 142(1) requiring the assessee to furnish a return of income when the assessee had already earlier filed a return is not valid. Once a valid return of income was available on record, which was already processed issuing notice u/s 142(1) of the Act asking the assessee to furnish fresh notice in itself is invalid making subsequently proceedings void ab initio. The assessment order has to be quashed for want of jurisdiction
Sajan Kumar Jain vs. DCIT
(2021) TaxCorp(LJ) 26413 (ITAT-DELHI) · Section 142(1)
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It may be possible that the buyer desired the transfer of title from the owner to avoid any litigation with the owner in future and therefore, IBFSL, after receiving Rs. 3 crores, released the mortgage in favour of the assessee, thus, facilitating the assessee to sell the land with clear title.
WGF Financial Services Pvt.Ltd Vs ACIT
(2021) TaxCorp(LJ) 26348 (ITAT-DELHI)
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Non-compliance by assessee was not intentional and that full compliance could not be made because of large number of parties to whom the payments were made, further enormous work was involved in compilation of the information and due to paucity of time the same could not be furnished.
CL EDUCATE LTD. Vs Additional Commissioner Income Tax
(2021) TaxCorp(LJ) 26346 (ITAT-DELHI)
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The amendment in 1st proviso would apply to a case where the stay is sought and granted for the first time on or after 01.04.2020 and the 2nd proviso will apply to the case where extension is sought for the stay so granted under the amended provision of 1st proviso.
Maruti Suzuki (I) P. Ltd Vs DCIT
(2021) TaxCorp(LJ) 26339 (ITAT-DELHI) · Section 254(2A)
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It has become apparently clear that due to apathy of the Revenue Department, assessee has been pushed to protracted litigation since 2010 as he is running from pillar to post to get refund otherwise admissible to him.
Jasjit Singh Vs ITO
(2021) TaxCorp(LJ) 26327 (ITAT-DELHI)
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Goodwill would fall under the expression any other business or commercial right of a similar nature as per Sec.32(1)(ii).
JX Nippon Two Lubricants India Pvt. Ltd Vs DCIT
(2021) TaxCorp(LJ) 26318 (ITAT-DELHI)
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ESI/PF dues paid beyond prescribed period is not an allowable deduction.
Dabur India Limited Vs Addl. CIT
(2021) TaxCorp(LJ) 26315 (ITAT-DELHI) · Sections 80IB, 80IC
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Matter attains Limited Finality in the first stage (before AO) when assessee explains his case to the satisfaction of AO because Revenue has no right of appeal against the order of the AO barring exceptional circumstances u/s 147, 263, 264, 154 etc.
Energy Infratech Pvt. Ltd Vs DCIT
(2021) TaxCorp(LJ) 26292 (ITAT-DELHI)
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