Tag: ITAT Delhi

ICAI coaching income exempt us 11. The institute is an educational institute and its activities falls within the meaning of charitable purpose u/s 2(15)-ITAT

ICAI income exempt us 11. The institute is an educational institute and its coaching activities falls within the meaning of charitable purpose u/s 2(15). In a yet another case for AY 2010-11, ITAT following previous judgments of ITAT, High Court and Supreme Court has upheld the charitable status …

Rented Building Renovation-Repair Expenses are Current Repairs allowable u/s 30. Accumulated repairs not allowed only when assessee owns building-ITAT

Rented Building Renovation-Repair Expenses are Current Repairs allowable u/s 30. Accumulated repairs not allowed only when assessee owns building, as a tenant cost of repairs to the premises is allowable whether they are accumulated or current this was held by ITAT Delhi in a recent judgment detailed as …

CBDT Instruction 1916 Jewellery relief is applicable to additions also. This is held by ITAT Delhi taking the pre-dominant view of various High Courts

CBDT Instruction 1916 dated 11-05-1994 cbdt-instruction-1916 Jewellery relief is applicable to additions also. This is held by ITAT Delhi taking the pre-dominant view of various High Courts ABCAUS Case Law Citation: 932 2016 (05) ITAT Assessment Year : 2010-11 Brief Facts of the Case: The assessee was subjected …

Addition for Jewellery in daughter-in-laws bedroom locker found during search operation u/s 132 deleted when she was having separate sources of income

Jewellery found in daughter-in-law’s bedroom locker of at the time of search u/s 132 can not be added to the assessee’s income  when she was having a seperate source of income- ITAT Delhi Case Law Details: ITA No.3763 and 3757/Del/2012 Assessment Year : 2010-11 S.C. Verma vs. ACIT/ACIT vs S.C. Verma Date …

Reopening us 147 based on merely tax evasion petition bad as AO did not apply mind and initiated proceedings without being satisfied-ITAT Delhi

Reopening  us 147 based on merely tax evasion petition itself bad in law as the AO had not satisfied himself before initiating the proceedings that income of the assessee has escaped assessment. ITAT Delhi Case Details: ITA No.1894/Del./2012 Assessment Year : 2002-03 Ashok Arora vs. ITO Date of Order/Judgment: …

Reopening us 147 for accommodation entries quashed. AO did not describe how and what manner assessee received entries from operators and paid cash

Reopening us 147 for accommodation entries quashed. AO did not describe how and what manner assessee received entries from operators and paid cash. Case Law Details: Dhanuka Agritech Ltd vs. ACIT ITA No. 1003/Del./2014 : AY : 2003-04 Date f Order/Judgment: 11/05/2016 Brief Facts of the Case: After the …

Basic Maxims-Principles of Natural Justice. Audi alteram partem, nemo judex in re sua. Order passed without confronting assessee with remand report quashed

Basic Maxims-Principles of Natural Justice. Audi alteram partem, nemo judex in re sua Quoting the above maxim of natural justice as laid down by the Supreme Court, ITAT, New Delhi in a recent judgment set aside order passed by CIT(A) without confronting the assessee with the remand report …

Debenture restructuring charge paid to debenture holders for re-negotiating terms and conditions to extend the redemption date held revenue expenditure-ITAT

Debenture restructuring charge paid to debenture holders for re-negotiated terms and conditions to extend the redemption date was held to be revenue expenditure-ITAT Case Law Details: DCIT vs. M/S JUBILANT FOOD WORKS LTD. ITA No.1407/Del/2014 A.Y. : 2004-05 Date of Order/Judgment: 05/05/2016 Important Case Laws Referred: CIT vs. Gujarat Guardian …

Reopening u/s 147/148. Post mortem exercise of analysing materials will not cure an order invalid due to non satisfaction of jurisdictional requirement

Reopening of a case u/s 147/148, a post mortem exercise of analysing materials produced subsequently will not cure an inherently defective reopening order from invalidity due to non satisfaction of jurisdictional requirement. ITAT Delhi has relied on Delhi High Court judgment and quashed the reassessment proceedings and allowed the legal issue in …
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