Non-Availability of Staff not an Excuse to avoid Penalty for Delay in Filing TDS Statement: ITAT [Read Order]
While upholding the penalty proceedings against the Delhi Development Authority Common Wealth Games 2010, the Delhi ITAT held that the assessee, being a Government Corporation cannot take a defence of change / non-availability of Staff
Mere Disallowance of a Claim Which is not Ex-facie Bogus cannot Lead to Levy of Penalty: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, held that mere disallowance of a claim which is not ex- facie bogus cannot lead to levy of penalty.
Vague Notice Invalidates Penalty Proceedings u/s 271(1)(c) of Income Tax Act: ITAT [Read Order]
The Income Tax Appellate Tribunal ( ITAT ), Delhi Bench, has recently in an appeal filed before it, held that vague notice invalidates penalty proceedings u/s 271(1)(c) of income tax act. The aforesaid observation was
Entire Expenses connected with Setting Up of Business are “Capital” in Nature, Not Allowable as Deduction: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently in an appeal filed before it, held that the entire expenses connected with setting up of business are “capital” in nature, and hence that the
No Tax on Payments in Lieu of ‘Business Profits’, in the Absence of PE in India: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, held that no tax can be levied on payments in lieu of ‘business profits’, in the absence of a
No TDS on Minimum Guarantees Paid to Hotels: ITAT grants Relief to OYO Rooms [Read Order]
The Delhi Bench Income Tax Appellate Tribunal ( ITAT ), while granting relief to the Oravel Stays Private Limited, the company which runs OYO Rooms, has ruled that the company is not obligated to pay
S. 69A Addition cannot be Based on Surmises, Conjectures and Hypothesis: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has held that Section 69A addition under the Income Tax Act, 1961 cannot be based on surmises conjectures and hypothesis. The Revenue preferred an appeal before the
Deeming Provision cannot be Applied Mechanically Ignoring Facts of the Case and Surrounding Circumstances: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, held that deeming provision cannot be applied mechanically, ignoring the facts of the case and surrounding circumstances. The aforesaid
Company couldn’t Prove that Cash Loan was taken for Urgent Disbursal of Salary: ITAT Upholds Penalty u/s 271D [Read Order]
The Income Tax Appellate Tribunal (ITAT), New Delhi Bench, has recently, in an appeal filed before it, upheld the penalty u/s 271D, when the company couldn’t prove that cash loan was taken for urgent disbursal
ITAT Delhi Upholds Demand of Rs. 218.30 Crores against NDTV
The Delhi ITAT, recently upheld a tax demand raised on a $150 million investment by a US television network in NDTV in 2008. It held that the assesse, NDTV indulged in a clear cut case
ITAT Refuses to Condone a Delay of 1005 Days in Filing Income Tax Appeal without Reasonable Cause [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in appeals filed before it, refused to condone a delay of 1005 days in filling the income tax appeal without reasonable cause. The aforesaid observation
Lorry Booking Agent not liable to deduct TDS: ITAT [Read Order]
The Delhi ITAT has recently held that a person who is merely a lorry booking agent is not bound to deduct TDS under Section 194C of the Income Tax Act, 1961. The assessee is carrying
Estimation of Cash based on Surmises and Conjectures cannot be made in Rectification Order u/s 154: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, held that estimation of cash based on surmises and conjectures cannot be made in rectification order u/s 154. The
No Document to Prove that Assessee is merely a POA Holder: ITAT Upholds Addition of Capital Gain [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, on there being no document to prove that assessee is merely a Power of Attorney (POA) holder, upheld the
Penalty paid on Sales Tax demand is not Compensatory in Nature: ITAT disallows Expenditure [Read Order]
A division bench of the Delhi ITAT held that penalty paid in connection with sales tax demand is not compensatory in nature, and therefore, not allowable as business expenditure under section 37 of the Income