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Archive: 23 June 2022

Posts in 23 June 2022

Bald verification makes affidavit meaningless & valueless

June 23, 2022 987 Views 0 comment Print

Surinder Kaur Sethi Vs ACIT (ITAT Delhi) The assessee has tried to support the claim towards cost of improvement of Rs.1,80,000/- and Rs.2,00,000/- purportedly incurred in F.Y. 1982 and 1983 respectively by way of affidavit. On inquiry, from the bench, it was however admitted that other than affidavit, the assessee does not possess any other […]

L’Oreal India Pvt. Ltd. guilty of profiteering under GST: NAA

June 23, 2022 2565 Views 0 comment Print

Director General of Anti-Profiteering Vs L’Oreal India Pvt. Ltd. (NAA) NAA held that – a. Under the provisions of Section 171(2) of the CGST Act 2017 read with Rule 133, the Authority finds that commensurate reduction in the price of the goods has not been effected by the Respondent after the GST rates were reduced […]

CIRP cannot be initiated for non-payment of LTC & Leave Encashment

June 23, 2022 879 Views 0 comment Print

Kishore K. Lonkar Vs Hindustan Antibiotics Ltd. (NCLAT Delhi) It is not the case of the Appellant that the amounts claimed are due towards any emoluments/salary for the services rendered by him to the ‘Corporate Debtor’, while he was in service. Though ‘service benefits’ like ‘LTC’ accrue, on account of the service rendered during the […]

Undisclosed business receipts -Only a percentage of profit embedded can be taxed

June 23, 2022 2292 Views 0 comment Print

In our considered view only a percentage of profit embedded in such amount of contractual receipts can be brought to tax. In this regard we find support and guidance from the order of the Hon’ble Gujarat High Court in the case of CIT vs. President Industries reported in 258 ITR 654 where it was directed to make the addition only to the extent of gross profit of undisclosed business receipts.

ITAT deletes Section 68 addition for SBNs collected prior to Demonetization

June 23, 2022 1794 Views 0 comment Print

Prathamika Krushi Pattina Vs ITO (ITAT Bangalore) In the instant case, there is no dispute with regard to the fact that sources for making deposit of Rs.36.36 lakhs by the assessee whoo is a primary agricultural credit co-operative society into its bank account are the money collected from its members. The AO is also not […]

Addition for cash found during search cannot be made to Assessee if already offered for taxation by sister concern

June 23, 2022 825 Views 0 comment Print

Sparco Engineering Pvt. Ltd. Vs ACIT (ITAT Pune) We find an amount of Rs.3,71,94,261/- which is above the cash receipt projected by the AO offered to tax in the hands of SMAEPL in which the assessee is sister concern, in whose hands the AO made addition again is, in our opinion, not maintainable. We note […]

Income Tax Chart 2022 – Covering Finance Act, 2022

June 23, 2022 7278 Views 0 comment Print

Income Tax Chart 2022 (21st Edition) Here it is, duly updated and modified wherever required. You can take a printout of the same and place at a suitable place for day to day reference. All Suggestions for its improvement are always Welcome.

CPC cannot make adjustment to Tax Income under any other head

June 23, 2022 1128 Views 0 comment Print

The CPC has taken the view that the said incomes are assessable as house property income/other sources income. However, the assessee has considered the same as business income. The view so taken by CPC is debatable one. In any case, it is established that there is no omission on the part of the assessee to include both the income in its gross receipts. Hence the adjustments made by CPC u/s 143(1) are liable to be deleted.

No royalty on payment for hardware supplied with software forming inseparable part

June 23, 2022 948 Views 0 comment Print

Payment received by the taxpayer towards GSM system of which software was an inseparable part, which is incapable of independent use, could not be classified as payment towards Royalty

Bad Debt Admissible If Written Off In Books of Account

June 23, 2022 1614 Views 0 comment Print

Shrawan Goenka Vs ACIT (ITAT Patna) Brief facts relevant to the issue are that during the assessment proceedings, the Assessing Officer noted that the assessee had debited in his Profit & Loss A/c, a sum of Rs.4,94,006/- under the head bad debts. On being asked to produce the details along with supporting papers, bills, vouchers, […]

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