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Security services are to be provided by the Airport Owners and operators, who will in turn obtain it from any government agency specified by Central Government. Further, the facility charges are undeniably, service provided by the Airport operators to the passengers of the Airline assessee. Therefore, it is apparent that these parties are providing to the assessee services.
INTER GLOBE AVIATION LTD VERSUS ACIT, CIRCLE-50 (1) , NEW DELHI AND (VICE-VERSA)
(2020) TaxCorp(LJ) 20787 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81235&Category=ITAT&CategoryType=Zip
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Section 54B of the Act requires the assessee to purchase any other land for being used for agricultural purposes within a period of two years from the date of the sale from transfer of the capital being land. In view of the clear provisions, investment made by any other person particularly the spouse of the assessee, cannot be entitled for deduction under section 54B of the Act.
SHRI RANDHIR SINGH, KIRTI KARAN GOEL & ASSOCIATES VERSUS INCOME TAX OFFICER, WARD-3, KARNAL
(2020) TaxCorp(LJ) 20771 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81208&Category=ITAT&CategoryType=Zip
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The circle rate of the proportionate land occupied for the rear portion will work out to ₹ 1,69,35,765/-. Further, circle rate of per sq. mtr for the construction would be ₹ 17,400 per sq. mtr which worked out to ₹ 36,37,122/- and accordingly, the actual circle rate as per the Government Notification as on 31.03.2013 would be at ₹ 2,05,72,887/- as compared to the book value of the impugned property which has been taken at a much higher figure, i.e., ₹ 3,37,63,104/-.
SWASTIK BUILD SOLUTIONS P. LTD. VERSUS ITO, WARD-22 (4), NEW DELHI.
(2020) TaxCorp(LJ) 20770 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81207&Category=ITAT&CategoryType=Zip
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Reassessment proceedings were initiated on the basis of information received from investigation wing regarding alleged accommodation entries and it has been held by jurisdictional Delhi High Court that mere information received from DDIT(Inv) cannot constitute valid reasons for initiating reassessment proceedings in the absence of anything to show that A.O. had independently applied his mind to arrive at a belief that the income had escaped assessment.
M/S GIGGLE INFOTECH PVT. LTD., C/O D. OSTWAL AND ASSOCIATES VERSUS ITO, WARD 10 (1), NEW DELHI
(2019) TaxCorp(LJ) 20765 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81190&Category=ITAT&CategoryType=Zip
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Entire assessment order is devoid of any reference to the statement of Shri S.K. Gupta. It is not known as to what question Shri S.K. Gupta said that M/s CFAM Soft Pvt Ltd and M/s BT TechNet Ltd. were providing accommodation bills. Further, we find that the entire transactions have been done through A/c payee cheques and it is not the case of the Revenue that the appellant has purchased the accommodation bills by making payments through cheques and receiving cash through back door.
INTEGRATED GLOBAL SOLUTIONS PVT LTD [FORMERLY KNOWN AS SPICE GLOBAL PVT LTD VERSUS THE A.C.I.T CENTRAL CIRCLE – 9, NEW DELHI
(2019) TaxCorp(LJ) 20758 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81170&Category=ITAT&CategoryType=Zip
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No clarification to the doubts in the mind of the learned Assessing Officer as to the genuineness of the identity and creditworthiness of the share applicants or genuineness of the transaction. Unless and until satisfactory answers are obtained to these questions, it would be difficult to reach a positive conclusion as to the identity and creditworthiness of the share applicants and the genuineness of the transaction.
INCOME-TAX OFFICER, WARD 3 (1) , NEW DELHI VERSUS APJ CONSTRUCTION PVT. LTD.
(2019) TaxCorp(LJ) 20757 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81171&Category=ITAT&CategoryType=Zip
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As before us no evidence were lead to show that the directors of the company Mr. Pankaj Jain and Mrs. Vaishali Jain are capable of obtaining such a huge orders of export of maize for assessee. Their biodata or their credentials were also not shown that they have any experience in the commodity market.
KS COMMODITIES PVT LTD VERSUS DCIT, CIRCLE-14 (2), NEW DELHI
(2020) TaxCorp(LJ) 20751 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81129&Category=ITAT&CategoryType=Zip
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The asset which was created belonged to somebody else and the company derived an enduring business advantage by expending the amount. The expenses have been looked upon as having been made for the purpose of conducting the business of the assessee more profitably or more successfully.
M/S. MULTITUDE INFRASTRUCTURE PVT. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE – 17 (1) NEW DELHI
(2019) TaxCorp(LJ) 20748 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81135&Category=ITAT&CategoryType=Zip
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Merely because the assessee was successful in completing the paperwork very meticulously or bringing into existence certain documents, the statutory obligation of the authorities does not get absolved merely because the assessee produced certain documents. It is incumbent on the authorities to verify the genuineness of such documents also in the light of the attending circumstances.
Income-tax Officer Vs APJ Construction Pvt. Ltd.
(2019) TaxCorp(LJ) 20742 (ITAT-DELHI) · Section 68
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Acknowledgment reflects payment of taxes at ₹ 550/- only. Further, the assessee sought certain information under RTI, copy of the application is placed at page 12 with regard to the proceedings u/s 148, service of notice u/s 148 and also under section 142(1) of the Act. The assessee received certain information vide reply dated 26/02/2018, placed at paper book page 13, against which appeal was filed before the Addl. CIT and then appeal was also filed before the Chief Information Officer.
SMT. NEETU TAYAL VERSUS ITO, WARD-2 (3), NOIDA
(2019) TaxCorp(LJ) 20736 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81119&Category=ITAT&CategoryType=Zip
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The undisputed facts are that during the course of search proceedings itself, the assessee has explained the break-up of cash in the name of his family members. Such break-up is exhibited elsewhere. The undisputed fact is that cash was found from the bedroom of the appellant and, therefore, it can be safely presumed that it was in joint possession of the assessee and his wife Smt. Gomati Devi.
SHRI GIRIRAJ SINGH JINDAL VERSUS THE DY. C.I.T CENTRAL CIRCLE – II FARIDABAD
(2019) TaxCorp(LJ) 20734 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81124&Category=ITAT&CategoryType=Zip
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The assessee has filed revised return of income, the assessee has not filed any revised tax audit report wherein the depreciation at enhanced rate was stated to be eligible. Thus, apparently in our considered opinion, it is a case of clear non-application of mind by the AO. We also do not agree with the contention of the Ld. Authorised Representative that the AO took one out of the two plausible views because if the GPU and PCA equipment do not fall under the category of air pollution control equipment at all, the only view possible is that depreciation is to be allowed @ 15% only.
M/S. DELHI AVIATION SERVICES PVT. LTD. VERSUS PR. CIT DELHI-3, NEW DELHI
(2019) TaxCorp(LJ) 20730 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81086&Category=ITAT&CategoryType=Zip
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Assessee was an employee of Chaudhary Charan Singh Haryana Agricultural University, Hisar, a State University, established under ‘The Haryana and Punjab Agricultural Universities Act, 1970’ and notified under University Grants Commission. The exemption u/s 10(10)(i) and 10(10AA)(i) are available to the assessee in respect of the arrears of gratuity and dismissed the grounds about the initiation of the re-assessment.
INDRA KUMARI BAJAJ THROUGH L/H. SH. THAKUR DASS BAJAJ VERSUS INCOME TAX OFFICER, WARD-2, HISAR
(2019) TaxCorp(LJ) 20717 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81041&Category=ITAT&CategoryType=Zip
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The satisfaction note is not recorded in the file of the assessee searched u/s 132 and documents claimed to be owned by the assessee was transferred to the file of the assessee. Therefore, the jurisdiction assumed u/s 153C in the case of the assessee is not in accordance with provisions of section 153C wherein satisfaction note in the searched persons proceeding has to be recorded separately.
ACIT, CENTRAL CIRCLE-30, NEW DELHI. VERSUS M/S. GRACIOUS PROJECT PVT. LTD.
(2019) TaxCorp(LJ) 20716 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81042&Category=ITAT&CategoryType=Zip
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The assessee had disclosed all the items which were considered as reasons for re-opening the assessment, in its audited accounts and even the auditor had given a report of the same. In such a scenario, we hold that there is no merit in the re-assessment proceedings carried out against the assessee where the AO refers to the facts disclosed by the assessee and then record the reasons for re-opening the assessment, such an action cannot be upheld under the provision of section 147 of the Act, in case where four years have lapsed from the end of the assessment year.
DCIT, HISAR CIRCLE, HISAR VERSUS DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. AND (VICE-VERSA)
(2019) TaxCorp(LJ) 20713 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81050&Category=ITAT&CategoryType=Zip
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In the present case, the preference shares were non-convertible, non-cumulative and redeemable, thus the company had a liability to pay the above preference share capital to the preference shareholders before anything was paid to equity shareholders. Since Rule 11UA mandated to to include preference share capital in total liability of the company and to exclude only Paid up Value of equity share capital issued and free reserve.
Neelu Analjit Singh Vs The Addl. Commissioner of Income tax
(2019) TaxCorp(LJ) 20710 (ITAT-DELHI)
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AO has followed the due procedure of law and also had specific information in his possession, received from the DIT(Inv.) which indicated that certain amounts had been received in the form of bogus share capital/premium/loan from Sh. Surinder Kumar Jain who were entry operators.
M/S RAM DEV RICE PVT. LTD. VERSUS ACIT, CIRCLE, KARNAL
(2019) TaxCorp(LJ) 20706 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=81023&Category=ITAT&CategoryType=Zip
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The assessee was not required to deduct TDS as the payment of EDC was not made out of any statutory and contractual liability to HUDA with whom the assessee has no privity of contract. Secondly, the assessee has reasonable cause for non-deduction of tax at source by the assessee company. Thirdly it is not the case of the Revenue authorities that the assessee has intentionally avoided the deduction of TDS by bringing on record contumacious conduct of the assessee.
M/S. SANTUR INFRASTRUCTURE PVT. LTD. VERSUS ACIT, RANGE 77, NEW DELHI.
(2019) TaxCorp(LJ) 20688 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=80965&Category=ITAT&CategoryType=Zip
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The date of search and seizure operation is 20.11.2009, it can be safely concluded that since no notice was issued and served upon the assessee u/s 143(2) of the Act, assessment is complete. In our considered opinion, the profit and loss account and balance sheet of the assessee company, by any stretch of imagination, cannot be considered as incriminating material.
M/S HBN INSURANCE AGENCIES VERSUS THE A.C.I.T CENTRAL CIRCLE - 4 NEW DELHI
(2019) TaxCorp(LJ) 20687 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=80969&Category=ITAT&CategoryType=Zip
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Partnership deed dated 01.05.2008 at clause 8 contains provision for interest on capital @ 12% per annum and clause 17 provides for remuneration to whole time working partners and method of computation of remuneration is also provided. Vide supplementary deed dated 01.04.2010, manner of paying remuneration to whole time working partners have been revised.
M/S MAYASHEEL CONSTRUCTION C/O KAPIL GOEL, ADV VERSUS THE DY. C.I.T CIRCLE - 1 GHAZIABAD
(2019) TaxCorp(LJ) 20686 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=80970&Category=ITAT&CategoryType=Zip
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