-
Since the builder would fall in the category of other institution and therefore booking of the flat with the builder has to be treated as construction of flat by the assessee. Therefore, Applies 3 years timeline for Sec. 54 benefit
Seema Sobti Vs ACIT
(2019) TaxCorp(LJ) 19304 (ITAT-DELHI) · Section 54
-
If the Revenue is objecting to the appointment of the assessee as Debt Recovery Agent, then, principally the revenue has accepted that the transfer of loan has taken place. Further, when the Revenue is objecting to indemnity of 20%, then also the revenue is accepting that actual transfer has taken place.
GE Capital Services India Vs The Dy. C.I.T
(2019) TaxCorp(LJ) 19303 (ITAT-DELHI)
-
In view of the above judicial precedents, respectfully following them, we hold that assessee is entitled for tax credit of federal as well as state taxes paid by him u/s 91 of the Act.
Aditya Khanna Vs ITO (International Taxation)
(2019) TaxCorp(LJ) 19297 (ITAT-DELHI) · Section 91
-
If a normal donation is doubted by the AO about its genuineness, and identity of the donors, the addition cannot be made u/s 68 of the income tax act in the case of the trust as it has already been offered as an income.
Shree Shiv Vankeshawar Educational & Social Welfare Trust Vs ACIT
(2019) TaxCorp(LJ) 19296 (ITAT-DELHI) · Section115BBC
-
ITAT - When the assessee has not been given copy of reasons recorded for issuance of notice u/s 148 by the AO, entire assessment proceedings and resultant assessment order passed u/s 143(3)/148 was to be quashed.
M/S. DS DOORS (INDIA) LTD. VERSUS ITO, WARD 1 (2), FARIDABAD.
(2019) TaxCorp(LJ) 19256 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=75113&Category=ITAT&CategoryType=Zip
-
ITAT - Grant of exemption/approval u/s 10(23C)(vi) - Merely because the assessee printed certain aims and objects as per the requirement of Registrar of Societies would not make out a case for rejection of the application of assessee for approval under the above provision.
AGGARWAL SHIKSHA SAMITI VERSUS CHIEF COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHANDIGARH.
(2019) TaxCorp(LJ) 19255 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=75117&Category=ITAT&CategoryType=Zip
-
S. 10(38) Bogus Capital Gains From Penny Stocks: U/s 101 of Evidence Act, 1972, the onus is on the assessee to prove that the LTCG is genuine. The assessee cannot, on failure to establish a prima facie case, take advantage of the weakness in the AO's case. The jump in the share price of a company of unknown credentials cannot be an accident or windfall but is possible because of manipulations in a pre-planned manner by interested broker and entry operators. The LTCG transactions are a sham
Pooja Ajmani vs. ITO
(2019) TaxCorp(LJ) 19251 (ITAT-DELHI) · Section 10(38)
-
ITAT - No addition u/s 68 as prima facie the case of the assessee shows that there is double taxation, once the source of income and secondly the application of income.
M/S SURYA PROCESSED FOOD PVT. LTD., M/S SURYA AGROTECH INFRASTRUCTURE LIMITED VERSUS ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8, NEW DELHI.
(2019) TaxCorp(LJ) 19236 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=75082&Category=ITAT&CategoryType=Zip
-
ITAT - Specified persons u/s 13(3) have devoted full time to the educational institution to the best of their knowledge, ability and experience and AO did not bring any evidence on record as to how the salary paid to these persons with reference to their qualification was excessive or unreasonable, therefore no addition.
THE INCOME TAX OFFICER, WARD-1 (2) , NEW DELHI VERSUS M/S. INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY
(2019) TaxCorp(LJ) 19235 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=75087&Category=ITAT&CategoryType=Zip
-
S. 14A Rule 8D disallowance of shares held as stock-in-trade: Though Maxopp Investment 402 ITR 640 (SC) rejects the theory of dominant purpose in making investment, it makes a clear distinction between dividend earned on shares acquired for controlling interest & shares purchased as stock-in-trade. In the case of the latter, it is only by a quirk of fate that the shares were held by the assessee when the dividend was declared. Accordingly, s. 14A & Rule 8D do not apply to shares held as stock-in-trade
Nice Bombay Transport (P) Ltd vs. ACIT
(2019) TaxCorp(LJ) 19200 (ITAT-DELHI) · Section 14A
-
Section 54F is a beneficial provision and should be liberally interpreted. An assessee who has purchased a house property is entitled to exemption u/s 54F despite the fact that construction activities of the new house has started before the date of sale of the original asset (Bharti Mishra 265 CTR 374 (Del) & Kuldeep Singh 270 CTR 561 (Del) followed)
Kapil Kumar Agarwal vs. DCIT
(2019) TaxCorp(LJ) 19199 (ITAT-DELHI) · Section 54F
-
ITAT - When both the old as well as new unit were producing independent and distinct product then mere common management does not disentitle new EOU from Sec.10B deduction.
GE Motors India Pvt. Ltd Vs DCIT
(2019) TaxCorp(LJ) 19192 (ITAT-DELHI) · Section 10B
-
ITAT - Tax Evasion - Transactions sale of shares of a dubious company, resulting in long term capital gains obtained through brokers are 'sham' and a colourable device - Upholds Sec.69A addition.
Pooja Ajmani Vs ITO
(2019) TaxCorp(LJ) 19189 (ITAT-DELHI) · Section 69A
-
ITAT - Excess remuneration to partners pursuant to 'unregistered' supplementary deed is allowable u/s.40(b).
Saxon Fluid Sealing Devices Vs Assistant Commissioner of Income Tax
(2019) TaxCorp(LJ) 19187 (ITAT-DELHI) · Section 40(b)
-
S. 56(2)(viib)/ Rule 11UA: Law on how to determine the "FMV" (Fair Market Value) of shares issued by a closely held company explained. The fact that the company is loss-making does not mean that shares cannot be allotted at premium. The DCF method is a recognised method though it is not an exact science & can never be done with arithmetic precision. The fact that future projections of various factors made by applying hindsight view cannot be matched with actual performance does not mean that the DCF method is not correct
India Today Online Pvt. Ltd vs. ITO
(2019) TaxCorp(LJ) 19149 (ITAT-DELHI) · Section 56(2)(viib)
-
ITAT - Disallowance u/s 40(a)(ia) - Second proviso to Section 40(a)(ia) of I.T. Act is declaratory and curative and it has retrospective effect from 01.04.2005.
MANJEET KUMAR HUF PROP. RAWALPINDI JEWELLERS C/O. MANOJ MITTAL, ADVOCATE VERSUS ACIT CIRCLE- KARNAL
(2019) TaxCorp(LJ) 18058 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=73547&Category=ITAT&CategoryType=Zip
-
ITAT - Mere rejection of the claim of the assessee cannot be invited with the penalty u/s 271(1)(c).
YUM! RESTAURANTS MARKETING PVT. LTD. VERSUS ITO, WARD-18 (4), NEW DELHI
(2019) TaxCorp(LJ) 17951 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=72280&Category=ITAT&CategoryType=Zip
-
ITAT - When assessee has deposited complete tax before the assessment is made, the penalty u/s 271AAA to that extent cannot be levied.
AVTAR SINGH KOCHAR VERSUS DCIT, CENTRAL CIRCLE-25, NEW DELHI
(2019) TaxCorp(LJ) 17908 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=72160&Category=ITAT&CategoryType=Zip
-
ITAT - Depreciation at 80% was available in respect of simplicitor electricity/energy measuring meters and there was no additional requirement of such meters being energy saving devices.
BSES RAJDHANI POWER LTD. VERSUS ACIT CIRCLE 5 (1), NEW DELHI
(2019) TaxCorp(LJ) 17907 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=72158&Category=ITAT&CategoryType=Zip
-
ITAT - If the plea of the assessee that in case of a non-filer of tax returns, assessments cannot be reopened on the basis of AIR information that assessee has made huge cash deposits in the bank account is accepted, then the provisions of section 147 and 148 in the statute will become redundant.
SMT. BILLO VERSUS ITO, WARD-1 (2), MEERUT.
(2019) TaxCorp(LJ) 16906 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=70797&Category=ITAT&CategoryType=Zip
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.