2016 (1) TMI 645 - ITAT DELHI
DCIT Versus Norma India Ltd.
Disallowance on account of bogus purchases - CIT(A) deleted the addition - Held that - Assessee has given the details of the address, which are available with it at the time of purchases and sales tax assessment records of that assessee which proves that assessee has not provided incorrect address. Further Purchase bills shows all the requisite details of the suppliers in the bills, in our view it is a contemporaneous confirmation in itself by su.....
2015 (8) TMI 884 - ITAT DELHI
Income Tax Officer, Ward 25 (1) , New Delhi. Versus Rekha Bansal
Addition u/s 68 - unsecured loan - AO made impugned addition in absence of details, confirmation, bank accounts and ITR copies of the alleged creditors Shri Manoj Kumar and Shri Uttam Singh - CIT(A) deleted the addition on the basis of information received from the respective banks of the creditors in compliance to the notice issued to these banks u/s 133(6) - Held that - CIT(A) was right in holding that the assessee discharged her onus by way of.....
2015 (8) TMI 918 - ITAT DELHI
Cheil India Pvt Ltd (Formerly Known As Cheil Communications India Pvt Ltd) Versus Income-Tax Officer, Ward-3 (3) , New Delhi
Addition of amount paid/payable to the vendor i.e. Star India Private Limited ( Star India ) u/s 68 - Star India did not respond to the notice issued by the learned AO under section 133(6) - Held that - Disallowance has been made and upheld by the authorities below merely on the basis that the Star India Pvt. Ltd. did not bother to respond the notices issued under sec. 133(6) of the Act by the Assessing Officer to them. The authorities below have.....
2015 (5) TMI 112 - ITAT DELHI
Callina Care Overseas Pvt. Ltd. Versus ITO
Bogus transactions - Addition on expenditure for purchase of packing material - Unexplained share application money - Applicability of revised monetary limits for filing appeal to Tribunal at ₹ 4 Lacs - Instruction No. 5/14 issued by the CBDT on 10.7.2014 - Held that - It is indisputable fact during the course of assessment proceedings, the Assessing Officer had issued summon to M/s S.R. Enterprises (seller of packing material). The notices.....
2015 (2) TMI 981 - ITAT DELHI
Tata McGraw Hill Education Pvt. Ltd. Versus ACIT, Circle 16 (1) , New Delhi.
Transfer pricing adjustment - international transactions in the Back office support services segment - selection of comparables - Held that - Accel Transmatic Ltd. (Seg.) - it can be seen from the Annual report of this company has three divisions, namely, Systems and Services Division, Technologies Division and Animation Division. A bare perusal of the nature of activities done by this company under this segment divulges that it is into software .....
2015 (1) TMI 962 - ITAT HYDERABAD
Mr. Anil Bhansali Versus Income Tax Officer, Ward 12(2) Hyderabad.
Reopening of assessment - Assessee filed the return as Resident but not ordinarily Resident - SOTP attributable to services rendered in India - value of perquisites as unexplained income - Indo-US DTAA - whether the provisions of the section 5(1)(c) and section 9(1)(ii) of the Act are not applicable to the appellant? - Held that - As can be seen from facts on record, prior to his joining Microsoft India (R & D) P. Ltd., on 01.01.2004, assesse.....
2015 (1) TMI 650 - ITAT PUNE
M/s. Gera Developments Pvt. Ltd. Versus JCIT (OSD), Circle-1(2), Pune
Addition invoking the provisions of section 40(a)(i) - fee for technical services - Held that - The insistence of the Revenue to say that the amount has been paid in this year and therefore it is covered within the prescription of section 40(a)(i) of the Act is quite otiose to the requirements of section 40(a)(i) of the Act. There is no dispute to the proposition that the said payment has not been claimed as a revenue expenditure while computing .....
2015 (1) TMI 1121 - KERALA HIGH COURT
Pattambi Service Co-operative Bank Ltd. and Others Versus Union of India and anothers
Constitutional validity of section 133(6) of the Income Tax Act, 1961 to the extent the words enquiry or have been added thereto, also incorporating second proviso - Held that - The fact that the petitioners Bank is a society registered under the Kerala Co-operative Societies Act/Rules and that there is a separate procedure for incorporation/registration/functioning/control and regulation including auditing of funds etc., are not at all germane t.....
2014 (12) TMI 174 - ITAT AMRITSAR
Deputy Commissioner of Income Tax Versus M/s. Irfan Carpets
Deletion of additions of creditors Onus discharged by assessee regarding genuineness of transactions - Held that - The assessee has declared a better G.P. rate at 6.07 as compared to 3.24 in the preceding year and 3.07 in the year before preceding year - the AO issued letters u/s 133(6) of the Act, out of which 14 letters returned back unserved - he requested the AO to serve the notices through notice server but instead the AO confronted the asse.....
2014 (11) TMI 796 - ITAT DELHI
Uem India Pvt. Ltd. Versus ACIT, Circle 18(1), New Delhi
Addition of outstanding balance of certain creditors Failure to comply with notices issued u/s 136(6) Held that - AO failed to offer any comment on the evidences filed by the assessee and insisted for sustenance of disallowance on the basis that notices u/s 133(6) remained uncomplied with - details submitted by the assessee before CIT(A) wherein the invoices raised by the parties along with the copies of bank statement from where the payments wer.....
2014 (12) TMI 57 - ITAT DELHI
Asstt. Commissioner of Income Tax Versus Inlay Marketing Pvt. Ltd.
Validity of order passed u/s 153C/143(3) Bar of limitation - Held that - The AO must be prima facie satisfied that the documents etc. belong to the other person than the person searched - such satisfaction has been stated to have been recorded and there is nothing to doubt that the action of the AO in this respect as is being made out by the appellant - while search has taken place in the group case in October 2008 but the documents are deemed to.....
2014 (12) TMI 804 - ITAT BANGALORE
M/s. Actiance India Private Ltd. Versus The Income Tax Officer, Ward 11(2), Bangalore.
Computation of deduction u/s 10A - Exclusion of expenses on travel exenses in foreign currency expenses towards telecommunication expenses form export turnover Held that - following the decision in CIT v. Tata Elxsi Ltd 2011 (8) TMI 782 - KARNATAKA HIGH COURT the AO is directed to exclude expenses incurred in foreign currency towards travelling and expenses incurred towards telecommunication both from export turnover and total turnover Decided in.....
2014 (12) TMI 681 - ITAT BANGALORE
FCG Software Services (India) (P.) Ltd. Versus Income-tax Officer, Ward 11 (2), Bangalore
Export of software development services Selection of comparables Functionally dissimilar company - Avani Cincom Technologies Ltd. - Persistent Systems Ltd. - Softsol India Ltd. - Held that - Following the decision in M/s. 3DPLM Software Solutions Ltd. (Successor to Delmia Solutions Private Ltd.) Versus Dy. Commissioner of Income Tax 2014 (12) TMI 612 - ITAT BANGALORE - it was the duty of the TPO to have necessarily furnished the information so ga.....
2014 (12) TMI 893 - ITAT BANGALORE
M/s. Bearingpoint Property Services Private Limited Versus The Deputy Commissioner of Income Tax, Circle 11(2), Bangalore.
Transfer pricing adjustment Determination of ALP on international transaction software development and system integration services rendered to Bearing Point Group and its worldwide customers Selection of comparable - Avani Cincom Technologies Ltd. - KALS Information Systems Ltd. - Held that - It was the duty of the TPO to have necessarily furnished the information so gathered to the assessee and taken its submissions thereon into consideration be.....
2014 (8) TMI 122 - ALLAHABAD HIGH COURT
State of UP. And Another Versus The Commissioner, Income Tax And 3 Others
Notice u/s 133(6) requiring Sub Registrars to furnish information in respect of transactions relating to immovable property of a value between ₹ 5,00,000/- and ₹ 30,00,000/- Held that - A meeting had taken place when both the Income Tax Department as well as the registering authorities of the State had agreed to work together to resolve the dispute the Court directed the Chief Commissioner of Income Tax, Lucknow and the Inspector Gene.....