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It is a settled law that the deduction u/s. 57(iii) of the Act will be allowable even if no income is earned by the assessee u/s. 56 of the Act. The language of section 57(iii) of the act does not anywhere specifies that any income should have been earned as a result of the expenditure incurred.
Suresh Chand Agarwal Vs ACIT
(2020) TaxCorp(LJ) 22604 (ITAT-DELHI) · Section 57(iii)
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Services of corporate guarantee by the assessee not being in the nature of services of managerial, technical or consultancy, the corporate guarantee fee received by the assessee cannot be termed as fee for technical services either under the section 9(1)(vii) or under article of the DTAA.
M/s. JCDecaux S.A. Vs ACIT, DCIT
(2020) TaxCorp(LJ) 22602 (ITAT-DELHI)
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When it came to the notice issued under section 274 read with section 271 of the Act, such a notice does not specify whether it is for concealment of income or for furnishing of inaccurate particulars thereof, against which the assessee had to defend itself.
Deloitte Haskins & Sells Vs DCIT
(2020) TaxCorp(LJ) 22600 (ITAT-DELHI) · Sections 271(1)(c), 274
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The trust is belonging to Escorts Ltd , it is the settlor and it is the beneficiary, that does not mean that it is the trustee also. AO has not brought on record any evidence to show that Escorts Limited is the trustee of the assessee. Therefore, the allegation of ld AO that Escorts Limited is also the trustee is devoid of any merit and based on mere conjectures and surmises. Further the sole beneficiary is Escorts Limited and Settlor of the trustis Escorts Limited is the major reason why the ld AO is refusing to recognize the above trust.
ESCORTS BENEFIT AND WELFARE TRUST VERSUS ITO, WARD-1 (3) , FARIDABAD
(2020) TaxCorp(LJ) 22596 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83426&Category=ITAT&CategoryType=Zip
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If the activities carried out by the assessee are visualized Assessee is not engaged in any other activity other than education. Therefore, for this reason, we are of the view and hold so that the learned CIT – E is not correct in holding that assessee is not engaged in educational activities covered under section 2 (15) of the Act.
NIIT FOUNDATION VERSUS CIT (E) , NEW DELHI
(2020) TaxCorp(LJ) 22594 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83428&Category=ITAT&CategoryType=Zip
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Addition of the aforesaid amounts would amount to double addition.
Sarita Tyagi Vs ITO
(2020) TaxCorp(LJ) 22585 (ITAT-DELHI) · Section 68
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The minimum guarantee amount paid by the distributor for acquiring the exhibition rights of a movie is a fixed expenditure for the distributor that is paid to producers irrespective of the fact whether the film generates a profit or incurs losses.
Sh. Yashovardhan Tyagi Vs ITO
(2020) TaxCorp(LJ) 22584 (ITAT-DELHI) · Section 9(1)(vi)
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Even an indirect connection between the expenditure incurred and the income could prove the nexus between the two. The bank charges being related to the interest income are duly allowable as expenditure in the hands of the assesse.
Chander Mohan Merwah Vs The ACIT
(2020) TaxCorp(LJ) 22582 (ITAT-DELHI) · Section 57(1)
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Dividend has to be paid to all the shareholders equally and dividend is basically a return of investment and not salary or part thereof.
Abro Technologies Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2020) TaxCorp(LJ) 22577 (ITAT-DELHI) · Section 36(1)(ii)
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It is an undisputed fact that the assessee carried out repair and renovation expenses on a lease property which was taken on lease and any such repair and maintenance of lease property cannot be held to be giving any enduring benefit to the assessee, firstly for the reason that leased premises is for temporary period and nature of expenses are purely in nature of repairs.
ASPECT RESEARCH AND MANAGEMENT P. LTD. VERSUS ITO, WARD-2 (2) , NEW DELHI.
(2020) TaxCorp(LJ) 22572 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83412&Category=ITAT&CategoryType=Zip
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AO had nowhere abandoned reasons which were the foundation for issuance of the notice for re-opening. He had considered the objections of the petitioner and disposed them of on the basis of material on record. The sole ground of the petitioner therefore, must fail. In the present case, notice for re-opening having been issued in the case of assessment which was not framed after scrutiny.
SURANA ENTERPRISES, SURANA JEWELERS VERSUS ITO, WARD-47 (3) NEW DELHI
(2020) TaxCorp(LJ) 22570 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83415&Category=ITAT&CategoryType=Zip
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In the present case, the contracting state is France and though under domestic law the assessee has to pay tax in India while deriving income from Indian territory, yet because of Article 8(2) of the DTAA agreement, Air France is exempted to pay any tax in India as its services/activities and profit thereof derives from pool participation.
Air France Vs Addl. CIT
(2020) TaxCorp(LJ) 22564 (ITAT-DELHI)
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The payment of non-compete fee was capital expenditure in the hands of the assessee, on which the assessee is not entitled to claim depreciation u/s 32 of the Act.
Hindustan Coca-Cola Beverages Pvt.ltd Vs The DCIT
(2020) TaxCorp(LJ) 22556 (ITAT-DELHI)
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Following the order passed by the coordinate Bench of the Tribunal in taxpayer's own case for AY 2007-08 we are of the considered view that CIT (A) has rightly deleted the adjustment made by the ld. TPO while determining the ALP and royalty paymen for its Tajola plant as nil because when it is not in dispute that the expenditure or payment of royalty has been paid / incurred for the purpose of business, it cannot be disallowed on the ground that it has failed to generate any economic value for the taxpayer's business.
DCIT, CIRCLE 2 (1) , NEW DELHI. VERSUS M/S. ASAHI INDIA GLASS LIMITED AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22552 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83372&Category=ITAT&CategoryType=Zip
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Expenditure involved in conduct of the camps and distribution of medicines, food and cloth forms and an integral part of conducting of field camps by the assessee trust in imparting the education. They are directly and also integrally connected with the type of education imparted by the assessee trust. We are unable to accept with the finding of the ld. CIT (A).
M/S UMALOCK CHARITABLE TRUST VERSUS ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MEERUT
(2020) TaxCorp(LJ) 22551 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83373&Category=ITAT&CategoryType=Zip
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Assessee society has been running a school and that the society is also having recognition from the Department of Education, Government of Haryana. As observed by the Ld. CIT (E) that the school was being run from premises that consisted of one hall and eight rooms only and was actually situated in a Gali. The Ld. CIT (Exemptions) has observed that it was unbelievable that receipts to the tune of nearly ₹ 1 crore are generated from such small premises.Exemptions) has observed that it was unbelievable that receipts to the tune of nearly ₹ 1 crore are generated from such small premises.
LADY FLOREANCE EDUCATION SOCIETY VERSUS CIT (EXEMPTIONS) , CHANDIGARH
(2020) TaxCorp(LJ) 22549 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83379&Category=ITAT&CategoryType=Zip
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Assessee is deceased and the appeal is represented by the legal heir of the assessee. Admittedly, the taxes were not paid by the assessee alongwtih return of income, though repeated pleas, were raised before the authorities below to sell the gold ornaments seized and adjust the sale proceeds against the tax payable by the assessee, but no such exercise was carried out by the Department. Thereafter, the assessee claims that she sold house property and paid the taxes due with interest on returned income before her death during 18.03.2015 to 12.08.2015.
MR. CHANDER MOHAN MERWAH VERSUS THE ACIT, CENTRAL CIRCLE-12, NEW DELHI.
(2020) TaxCorp(LJ) 22548 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83381&Category=ITAT&CategoryType=Zip
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Since the AO has issued the notice u/s. 153C and the assessment has been completed u/s. 153C therefore, we do not find and substance in the additional grounds raised by the assessee. Accordingly the above grounds are dismissed.
MANOJ KUMAR JAIN C/O. O.P. SAPRA & ASSOCIATES VERSUS DCIT CENTRAL CIRCLE INCOME TAX OFFICE, GHAZIABAD
(2020) TaxCorp(LJ) 22547 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83382&Category=ITAT&CategoryType=Zip
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The assessee had not claimed the said professional expenses in its profit & loss account and had capitalized the same under work in progress i.e. Building under Construction in fixed assets schedule. The order of the CIT(A) deleting the addition made by the AO u/s 40(a(ia) on the said capitalised expenses is upheld.
Conwood MedipHarma Pvt. Ltd Vs ACIT
(2020) TaxCorp(LJ) 22546 (ITAT-DELHI) · Section 40(a)(ia)
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Since no satisfactory explanation has been offered by the assessee about the nature and source of payment of cash, the value of the investment is deemed to be the income of the assessment of the relevant F.Y. and accordingly, the same was added to the hands of the assessee.
RAMESHWAR LAL, C/O V.N. PUROHIT & CO, CAS VERSUS DCIT, CIRCLE 71 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22540 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83362&Category=ITAT&CategoryType=Zip
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