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Archive: 22 June 2022

Posts in 22 June 2022

ITAT upheld penalty on amount accumulated by Trust but not utilised & disclosed in ITR

June 22, 2022 426 Views 0 comment Print

Association of Indian Forging Industry Vs ITO (ITAT Pune) Association of Indian Forging Industry (hereinafter referred to as appellant) is a not-for-profit company incorporated u/s 25 of the Companies Act, 1956 and is also registered u/s 12A of the I.T. Act 1961, therefore eligible for exemption u/s 11 of the Act. As per the memorandum […]

Amendment to Section 36(1)(Va) vide Finance Act, 2021 is Prospective

June 22, 2022 2874 Views 0 comment Print

Nakoda Ispat Ltd. Vs DCIT (ITAT Raipur) Admittedly and undisputedly, the employees’s contribution to ESI and PF which have been collected by the assessee from its employees have thus been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Till this provision is enacted in as the […]

Currency derivative transactions are not speculative transaction- Section 43(5)

June 22, 2022 6777 Views 0 comment Print

Trading of currency derivatives are covered by definition of ‘derivatives’ and excluded from the ambits of speculative transactions defined under Section 43(5) of Income Tax Act, 1961.

Product Development Charges – Revenue or Capital Expense?

June 22, 2022 1458 Views 0 comment Print

ACIT Vs Rinder India Pvt. Ltd (ITAT Pune) We note that the assessee company is engaged in the business of manufacturing of automobiles signaling lights and other electrical items. The assessee filed its return of income declaring a total income of Rs.2,56,73,220/- and the AO determined the same at Rs.4,31,12,090/- inter alia making disallowance of […]

No Section 40(a)(ia) disallowance if recipient included receipts in his return of income

June 22, 2022 681 Views 0 comment Print

Assessee claimed that recipient has included the receipts in their return of income in regard to these expenses on which assessee has not deducted TDS

ITAT directs AO to allow TDS credit on freight receipts appearing in form 26AS

June 22, 2022 759 Views 0 comment Print

HP Ex Servicemen Corporation Vs ACIT (ITAT Chandigarh) Issue– Ld. CIT(A) not granted the credit of TDS of Rs. 1,90,76,546/- (duly reflected in Form no. 26AS) by stating that the assessee had not offered the freight receipts as income for the relevant year under consideration ignoring the fact that the assessee had shown the net […]

Unsecured loan from accommodation entry provider – HC remanded matter back to AO

June 22, 2022 2460 Views 0 comment Print

S. R. Ashok Associates Private Limited Vs ACIT (Delhi High Court) Present writ petition has been filed challenging the notice issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act’) as well as the order passed under Section 148A(d) of the Act dated 31st March, 2022 for the Assessment Year 2018-19. Learned […]

Addition for unsecured loan justified for failure to provide supporting evidences

June 22, 2022 1368 Views 0 comment Print

The assessee was required to prove identity of creditors, genuineness of transaction and creditworthiness of creditors. The assessee grossly failed to do so. Therefore, in the absence of the supporting evidences regarding claim of unsecured loans, we do not see any infirmity in the finding of authorities below.

Section 148A(c) casts a duty on AO to consider reply of assessee

June 22, 2022 4734 Views 0 comment Print

Aten Capital Private Limited Vs ACIT (Delhi High Court) Since the impugned order under Section 148A(d) has been passed on 5th April, 2022 i.e. after receipt of the detailed reply of the petitioner dated 4th April, 2022, the Assessing Officer should have considered the same as it was available on record. By not considering the […]

No section 43B disallowance can be made for bank interest not claimed in P&L A/c

June 22, 2022 3396 Views 0 comment Print

ITO Vs Laxmipat Surana (ITAT Kolkata) The revenue’s grievance is that the Ld. CIT(A) erred in deleting the disallowance made u/s. 43B of the Act for unpaid bank interest on secured loans of Rs. 3,55,54,116/-. We find that so far as amount of bank interest payable on the secured loans is concerned, there is no […]

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