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Archive: 11 November 2022

Posts in 11 November 2022

Rule of consistency needs to be followed by the department

November 11, 2022 3141 Views 0 comment Print

ITAT Mumbai held that as expenses are not specifically disputed; books of accounts admitted to be correct and payments made through banking channel, disallowing the expenses at whims and fancies is unsustainable in law. Department is required to follow the rule of consistency.

TPO cannot question need or prudence for making payment of the expenditure

November 11, 2022 1224 Views 0 comment Print

ITAT Mumbai held that TPO has jurisdiction to examine the quantum of expenditure, however, TPO has no jurisdiction question the assessees need or prudence for making payment for the expenditure.

Revisional order valid as AO accepted additional income offered by assessee without any verification

November 11, 2022 687 Views 0 comment Print

ITAT Bangalore held that PCIT justified in invoking jurisdiction u/s 263 of the Income Tax Act as AO merely accepted the additional income offered by the assessee without verifying the bogus purchases and amount recorded in books.

Addition u/s 68 justified as genuineness and creditworthiness of investing companies doubtful

November 11, 2022 1176 Views 0 comment Print

ITAT Mumbai held that addition u/s 68 justified as investment made by the companies in the assessee company lacks trust and details of transactions submitted by the assessee didn’t inspire confidence as the credibility of the companies are questionable as per the financials of the same.

ESOP expense to acquire share of parent company allowed when actual payment done to parent company

November 11, 2022 3894 Views 0 comment Print

ITAT Delhi held that ESOP expenditure to acquire shares of parent company is allowable as and when the expenditure is paid by the assessee to the parent company. Actual payment of the expenditure and time of expenditure needs to be verified

Provisions of section 50C doesn’t apply as development rights transferred before 1st April 2003

November 11, 2022 1419 Views 0 comment Print

ITAT Mumbai held that development rights in the plot of land were transferred to the builder in the financial year 2000–01. Provisions of section 50C were effective only from 1st April 2003 and hence the same are not applicable in the present case.

Initiation of proceedings u/s 263 justified as AO completed assessment without proper enquiry

November 11, 2022 963 Views 0 comment Print

ITAT Bangalore held that AO completed the assessment completed without verification of exemption claimed by the assessee u/s 10(1) and hence Pr. CIT validly initiated proceedings under section 263 of the Income Tax Act.

Date of payment towards GST liability is to be construed from date of filing of GSTR-3B

November 11, 2022 4920 Views 1 comment Print

RSB Transmissions India Limited Vs Union of India (Jharkhand High Court) A combined reading of Section 49(1) of CGST Act, 2017 and Rule 87 (6) and (7) of CGST Rules, 2017 both go to show that such deposit does not mean that the amount is appropriated towards the Government exchequer. On other hand other, a […]

TDS not deductible on interest on savings bank account and compulsory deposit account

November 11, 2022 6783 Views 0 comment Print

ITAT Delhi held that there is no liability to deduct TDS on interest on savings bank account and interest of compulsory deposit account as per the provisions contained u/s 194A of the Act. Accordingly, disallowance u/s 40(a)(ia) unsustainable.

Investment made in other’s name not eligible for exemption u/s. 54B

November 11, 2022 2319 Views 0 comment Print

ITAT Chandigarh held that investment made in the name of the grandson is not eligible for exemption under section 54B of the Income Tax Act.

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