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The amount of TDS is always considered as the sum paid by the assessee on behalf of the recipient of the income and, therefore, it cannot be said that the above sum has not been paid by the assessee even while following the cash system of accounting.
Associated Law Advisers Vs ACIT
(2019) TaxCorp(LJ) 20132 (ITAT-DELHI)
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As considered the relevant documentary evidences brought on record. We have also perused the judicial decisions relied upon by both the rival representatives. The DRP has simply followed the directions of the Tribunal in readjudication proceedings to assist the Assessing Officer in determining the issues raised before the Tribunal in the first round of litigation.
HITACHI HIGH TECHNOLOGIES SINGAPORE PTE LTD. VERSUS THE DY. C.I.T, CIRCLE - GURGAON AND INTERNATIONAL TAXATION, NEW DELHI
(2019) TaxCorp(LJ) 20119 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77860&Category=ITAT&CategoryType=Zip
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In the present case the central bureau of investigation has made the detailed enquiry and found that the financing of the appellant to the extent stated in the reasons recorded are not what is disclosed by the assessee but a camouflage transaction.
BRIJBASI EDUCATION AND WELFARE SOCIETY VERSUS ADDL. CIT, RANGE-1, GHAZIABAD
(2019) TaxCorp(LJ) 20118 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77862&Category=ITAT&CategoryType=Zip
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Section 234E was brought in statute w.e.f. 1.7.2012 which provides for fee for default in furnishing statements where a person fails to deliver or cause to be delivered a statement within the time prescribed under section 200(3) or proviso to sub section (3) of section 206C. Section 234E cannot be read in isolation, because it only prescribes the mode of calculation of the fee and it has to be read with the mechanism and the mode provided for its enforcement, that is, the provision which imposes the fee.
PRAKASH INDUSTRIES LTD. VERSUS DCIT TDS-CPC NEW DELHI.
(2019) TaxCorp(LJ) 20116 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77801&Category=ITAT&CategoryType=Zip
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There is no dispute as to the applicability of the Circular No. 17 of 2019, on pending appeals and, thus, tax effect involved in the appeal being less than the prescribed monetary limit of ₹ 50 Lakhs, the Department was required to withdraw this appeal or not pressed if not falling under exclusion provided in para 10 of circular No. 3/2018 as amended on 20/08/2018.
DCIT, CIRCLE-12 (1), NEW DELHI VERSUS M/S. G.K. DIARY & MILK PRODUCTS PVT. LTD. AND (VICE-VERSA)
(2019) TaxCorp(LJ) 20115 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77807&Category=ITAT&CategoryType=Zip
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In India Singapore DTAA, preparatory or auxiliary character, as used in para 7 of Article 5 of India-Singapore DTAA is ejusdem generis to the other terms used therein which means that similar activities which have preparatory or auxiliary character has to be read as business solely used for the purpose of advertising, for the supply of information, for scientific research or for similar activities.
Hitachi High Technologies Singapore Pte Ltd Vs The Dy. C.I.T
(2019) TaxCorp(LJ) 20114 (ITAT-DELHI)
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The issue stands covered in favour of the assessee and against the Revenue held Assessing Officer himself had admitted by grossing up the ECB interest by the amount of tax borne by the borrowers that tax at source has been deducted. We are thus of the view that no interest under section 234B of the Act can be levied for the tax demand on account of ECB interest and interest under section 234B is also not chargeable.
THE BANK OF TOKYO-MITSUBISHI UFJ LTD. VERSUS DY. C.I.T CIRCLE-3 (1) (1) , INTERNATIONAL TAXATION, NEW DELHI
(2019) TaxCorp(LJ) 20112 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77795&Category=ITAT&CategoryType=Zip
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In this case, since there was a Family Settlement between the assessee and three brothers and they have acted upon Family Settlement Deed and distributed various properties among themselves and necessary rights and title are transferred in favour of each brother would show that parties have entered into genuine transaction.
SHRI GOVIND KUMAR KHEMKA VERSUS THE ACIT, CIRCLE-47 (1) , NEW DELHI.
(2019) TaxCorp(LJ) 20111 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77796&Category=ITAT&CategoryType=Zip
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Disallowance under this section is made in respect of the expenses incurred or payments made which are not deductible. This section has no application to income aspect of the assessee. As the AO has made disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, the provisions of this section are not attracted. Uphold the impugned order on this score deleting the disallowance.
KEC-PLR-KPIPL-JV VERSUS ITO, WARD-2 (3) , GURUGRAM.
(2019) TaxCorp(LJ) 20101 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77768&Category=ITAT&CategoryType=Zip
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Assessee was under a bonafide belief that no tax is required to be deducted at source on such payments, firstly, for the reason that agreement was between DTCP, who is Governmental authority and licence was granted by the Government and EDC charges was directed to be paid to HUDA, therefore, this could led to reasonable cause that TDS was not required to be deducted.
SHIV SAI INFRASTRUCTURE (P) LTD. VERSUS ACIT, CIRCLE-77, NEW DELHI
(2019) TaxCorp(LJ) 20093 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77707&Category=ITAT&CategoryType=Zip
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The investigation carried out by the Department has brought the facts on record that the shares prices have been manipulated artificially, which purchased by a set of accommodation entry provider companies controlled by cartel of brokers, entry operator etc. In such circumstances, to say that sale transactions on the stock exchange were made in uncontrolled manner, will be on only an idealistic view and away from the reality of the market.
Shri Satish Kishore Vs ITO
(2019) TaxCorp(LJ) 20081 (ITAT-DELHI)
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There is no obligation on the assessee to spend any definite amount every year. Merely mentioning that it will act on the non-profit basis does not make the income received by the assesse diverted by overriding title.
Yum! Restaurants Marketing Pvt. Ltd Vs ITO
(2019) TaxCorp(LJ) 20067 (ITAT-DELHI)
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AO in the reasons recorded incorrect facts that assessee made cash deposit of ₹ 9 lakhs, despite assessing officer has accepted that assessee made cash deposit of ₹ 7,50,000/- only. AO while recording the reasons has not applied mind to the material on record. Source of purchase of shares have been accepted by the assessing officer, which was also found factually incorrect. Further the deposit in the bank account per se cannot be income of the assessee.
SHRI SAURABH SAINI VERSUS THE INCOME TAX OFFICER, WARD-4 (2) , GURGAON.
(2019) TaxCorp(LJ) 20045 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77509&Category=ITAT&CategoryType=Zip
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From the perusal of the notice issued u/s 153A r.w.s. 153C/143(2) of the Act, it is a clear cut case of overlooking the procedure and provisions set out in the Income Tax Act, 1961. Under these sections, the Assessing Officer cannot issue consolidated notices for different Assessment Years.
M/S BARNALA STEEL INDUSTRIES LTD., MERRUT ROAD, MUZAFFARNAGAR VERSUS ACIT, CIRCLE-2, MUZAFFARNAGAR
(2019) TaxCorp(LJ) 20040 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77497&Category=ITAT&CategoryType=Zip
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No fee was leviable to the assessee u/ s 234E in violation of section 200(3), because assessee had furnished the statement immediately after depositing all the tax without any delay pertaining to AY 2015-16.
Vkare Bio Sciences Pvt. Ltd. Vs Deputy Commissioner of Income Tax (CPC-TDS)
(2019) TaxCorp(LJ) 20028 (ITAT-DELHI) · Section 234E
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Golf course is a plant on which assessee is entitled to the depreciation at the rate of 25%. In fact, by creating these facilities, the assessee has created a service facility for its members and it produces revenue for the assessee. It is not always necessary that each plant should produce certain other tangible goods.
Landbase India Ltd Vs The DCIT
(2019) TaxCorp(LJ) 20026 (ITAT-DELHI)
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Coordinate bench in case of Deputy Commissioner of Income Tax vs. JP greens Ltd, on identical facts and circumstances considered golf course as plant and depreciation at the rate of 25% was allowed holding that assessing officer himself has allowed depreciation at that rate in past in that particular case.
LANDBASE INDIA LTD VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4 (1) , NEW DELHI, THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-15 (1) , NEW DELHI
(2019) TaxCorp(LJ) 20004 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77406&Category=ITAT&CategoryType=Zip
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Assessee has reserved its right to challenge the existence of the PE at various forums and in case of other associated concerns also for relevant year or any other assessment year. Therefore there is no clear-cut admission of the assessee of the existence of the PE before the learned dispute resolution panel.
LG Electronics Inc. Korea Vs DCIT(International Taxation)
(2019) TaxCorp(LJ) 19999 (ITAT-DELHI)
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The alleged contribution to superannuation fund in Australia represents perquisite u/s 17(2)(v) and hence would be taxable in the hands of assessee, who is an Australian national, seconded by Amway Australia to Amway India under a contract agreement for 3 years.
William Scott Pinckney Vs Deputy Commissioner of Income Tax
(2019) TaxCorp(LJ) 19998 (ITAT-DELHI)
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Under section 43B, certain deductions are allowable on actual payment. By not debiting the service tax to the P&L A/c, the assessee has not claimed it as an expenditure. Therefore, the disallowance of the same u/s 43B of the Act would not arise. In the case before us, the AO is not disallowing the expenditure, but is bringing it to tax, which is not the purpose of the section.Therefore, the addition made u/s 43B is deleted.
M/S. COMFORTLINE SYSTEMS PRIVATE LTD, HYDERABAD VERSUS INCOME TAX OFFICER, WARD 1 (4) HYDERABAD
(2019) TaxCorp(LJ) 19979 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77338&Category=ITAT&CategoryType=Zip
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