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According to the provisions of section 253 (6) of the act, appeal to the appellate tribunal shall be filed in the prescribed form and shall be verified in the prescribed manner. According to rule 47 (1) of The Income Tax Rules 1962, the appeal shall be signed by the persons specified in sub rule 3 of rule 45.
SOUTH STAFFORDSHIRE PLC VERSUS DCIT (INTERNATIONAL TAXATION) , CIRCLE-3 (1) (2) , NEW DELHI
(2020) TaxCorp(LJ) 22539 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83365&Category=ITAT&CategoryType=Zip
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From the reasons recorded, we find that the AO had no clarity as to what he considers as income escaped assessment whether the commission on the entries provided or the total amount of entries - while calculating the assessment proceedings, AO made addition of the entries which he himself has accepted that these entries have been provided to other companies as accommodation entries. In that case, there is an inbuilt contradiction in the action of the Assessing Officer while concluding the assessment proceeding.
M/S HOMEWAY MARKETING PVT. LTD., M/S HOPEWITH ADMARK & CONSULTANCY SERVICES PVT. LTD., VERSUS INCOME TAX OFFICER, WARD-12 (4) , NEW DELHI
(2020) TaxCorp(LJ) 22538 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83369&Category=ITAT&CategoryType=Zip
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If there is income element in the documents seized form the possession of the assessee, then there was no requirement of bringing any corroborative material on record. However, there has to be existence of income in the documents seized. If the documents seized does not show any income earned by the assessee, then ld AO cannot rest on provision of section 292C without bringing any corroborative material on record.
SUMMIT MITTAL, MADHUR MITTAL VERSUS DCIT, CENTRAL CIRCLE-22, NEW DELHI
(2020) TaxCorp(LJ) 22528 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83346&Category=ITAT&CategoryType=Zip
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To qualify as a business loss it is necessary that such loss should have been incurred during the year, since the unit was sold and closed since long back. The loss does not qualify even otherwise as allowable business loss during the year as assessee did not prove that such loss has been incurred during the year.
National Research Development Corporation Vs DCIT
(2020) TaxCorp(LJ) 22525 (ITAT-DELHI)
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Action u/s 263 of the act is initiated for the issues which are already decided in the original assessment u/s 143 (3) of the act and not in reopened assessment. Therefore in such circumstances, if Ld. PCIT wants to touch any issue of the original assessment order, the time limit for passing the order us/ 263 of the act should run from the date of the original order passed u/s 143(3) of the act and not the subsequently reopened assessment order u/s 147 of the act.
Jindal Steel & Power Ltd Vs Pr. CIT
(2020) TaxCorp(LJ) 22524 (ITAT-DELHI) · Section 263
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The AO overstepped his jurisdiction and commented on the third party assessee which is not permissible under the Act.
Glebe Trading Pvt. Ltd. Vs ITO
(2020) TaxCorp(LJ) 22522 (ITAT-DELHI)
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Only the rental income should be charged to tax under income from house property and the income from maintenance services should be brought to tax under income from other sources after allowing benefit of deduction towards expenditure incurred on maintenance charges.
Jagatjit Industries Ltd Vs Dy. CIT
(2020) TaxCorp(LJ) 22520 (ITAT-DELHI)
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It is not possible on the part of the Addl.CIT to go through the orders in about more than 100 cases on the very same day and give approval. Even if such approval has been given, it can be said that the same is nothing but a technical formality without application of mind.
Uttarakhand Uthan Samiti Vs ITO
(2020) TaxCorp(LJ) 22519 (ITAT-DELHI) · Section 153A
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At present, there is no necessity to go into the merits of the captioned stay application.
Smt. Sangeeta Sawhney Vs ACIT
(2020) TaxCorp(LJ) 22518 (ITAT-DELHI)
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Infosys BPO Ltd. cannot be considered as a comparable to the assessee company for the simple reason that the assessee company is engaged in rendering system integration, enterprise solutions and software development services to the clients of its Associated Enterprises (AE) and also to independent customers in the United Kingdom, the United State of America and others countries in Europe as well as India while being a subsidiary of Steria (UK). On the other hand Infosys BPO Ltd.
M/S. STERIA (INDIA) LTD. VERSUS ADD. COMMISSIONER OF INCOME TAX, NEW DELHI
(2020) TaxCorp(LJ) 22511 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83331&Category=ITAT&CategoryType=Zip
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Once there was no incriminating material, neither any such information was available with AO, then where is the question of roping such an addition or making such inquiry in the assessment proceedings. If there would have been any incriminating document pertaining to the alleged bank account found directly or indirectly linking the said bank account with the assessee during the course of search, then only the entire scope of inquiry for the purpose of assessment could have been made and if there is no such incriminating material or seized document, then ostensibly assessment has to be confined to the seized document relating to the assessee.
ANURAG DALMIA VERSUS DCIT, CENTRAL CIRCLE-2, NEW DELHI
(2020) TaxCorp(LJ) 22510 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83333&Category=ITAT&CategoryType=Zip
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Assessee's erroneous treatment of income/loss under a different head in earlier years does not act as an estoppel on the assessee to claim it as assessable under the right head subsequently, if it is found that income was actually assessable under a different head.
M/s Anant Raj Limited Vs ACIT
(2020) TaxCorp(LJ) 22508 (ITAT-DELHI)
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Since assessee was under bona fide and genuine belief that he was not required to sign consent waiver form and no incriminating material was found indicating assessee's direct or indirect involvement in opening bank account, there was reasonable cause for non-levy of penalty u/s 273B.
Anurag Dalmia Vs DCIT
(2020) TaxCorp(LJ) 22507 (ITAT-DELHI) · Section 271(1)(b)
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A perusal of the deposit and withdrawals in the said bank account filed by the assessee shows that there are systematic deposits as well as withdrawals. The assessee is engaged in the business of readymade garments, therefore, taxing only the deposits without giving corresponding credits to the withdrawals, in my opinion, will be not justified in the instant case especially when the assessee is a small trader. Since the peak credit comes to ₹ 7,70,390/-, therefore, modify the order of the CIT(A) and restrict the addition to ₹ 7,70,390/-.
SANJAY JAIN VERSUS ITO, WARD-58 (3) , NEW DELHI
(2020) TaxCorp(LJ) 22502 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83319&Category=ITAT&CategoryType=Zip
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Assessee was collecting rent on behalf of Government of India from the tenants and then remits that rent as it is back to the Government. The building is owned by the Government of India. Assessee is not the beneficial owner of the rent as property was given by the Government to the assessee for its use. Assessee was merely collecting the rent. Rent collected by the assessee is definitively its income and rent paid back to the Government is its expenses. It is a lease in & lease out agreement/understanding.
COUNCIL OF HANDICRAFTS DEVELOPMENT CORPORATION VERSUS ITO EXEMPTIONS, WARD-1 (3) NEW DELHI
(2020) TaxCorp(LJ) 22495 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83313&Category=ITAT&CategoryType=Zip
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Revenue authorities have mislead themselves on holding that the purchase of the Rajendra Nagar flat out of the sale proceeds of the original asset was on the basis of wrong facts. Keeping in view the facts of the case that the capital gains have been utilized for construction of house at D-279, Defence Colony, New Delhi.
SUNIL MALHOTRA VERSUS ACIT, CIRCLE-54 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22494 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83282&Category=ITAT&CategoryType=Zip
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The payment pattern reveals that the assessee has raised separate invoices for O& M phase on a regular basis as per Section 5 of TOR Clause 8.3 and the same have been duly accounted in the years in which it has been received. On going through the entire facts of the case, we find that the three different phases of the work which are totally separate in execution.
VEOLIA INDIA PVT. LTD. (EARLIER KNOWN AS VEOLIA WATER (INDIA) PVT. LTD.) VERSUS DCIT, CIRCLE-26 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22492 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83284&Category=ITAT&CategoryType=Zip
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A compulsion at source imposed by a third party is necessary to create a superior title. Just because diverted income is collected by the assessee himself for and on behalf of the beneficiary, it cannot be inferred that it was only an application and not diversion.
ACIT, CENTRAL CIRCLE-2, NEW DELHI VERSUS EMAAR MGF CONSTRUCTION PVT. LTD. AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22486 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83274&Category=ITAT&CategoryType=Zip
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As in assessee’s own case for Assessment Year 2005-06 to 2011-12 wherein, the coordinate bench has held that the golf course is a plant and machinery and assessee is eligible for depreciation thereon @15%. Allow ground No. 1 of the appeal directing the ld AO to grant depreciation on cost of developing golf course on land considering it as plant and machinery.
LANDBASE INDIA LTD VERSUS ACIT, CIRCLE-15 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22484 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83279&Category=ITAT&CategoryType=Zip
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Considering the nature of business of assessee and that no evidence has been brought on record by the A.O. of incurring all these expenses, the estimate made by the A.O. of ₹ 10 lakhs expenditure is wholly unjustified. It is a fact that assessee has not claimed any expenditure of routine business expenses, electricity expenses, fuel expenses which are necessary for running of the business. We restrict the addition to ₹ 3 lakhs as against ₹ 10 lakhs made by the A.O.
SHRI ROOP KISHORE MADAN VERSUS THE DCIT, CENTRAL CIRCLE – 16, NEW DELHI.
(2020) TaxCorp(LJ) 22483 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83254&Category=ITAT&CategoryType=Zip
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