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Archive: 17 November 2022

Posts in 17 November 2022

No addition for Cash Deposited during Demonetization Period if not exceed Threshold Limit

November 17, 2022 3954 Views 0 comment Print

ITAT Delhi rules in favor of Amar Singh. Deletion of Rs. 2,23,000 addition under Section 69A. CBDT Instruction applied for demonetization period cash deposits.

Section 41(1) of Income Tax Act doesn’t apply till liability is not written off in the books

November 17, 2022 2466 Views 0 comment Print

ITAT Gauhati held that provisions of section 41(1) of the Income Tax Act cannot apply since the liability is still payable to sundry creditor and had not been written off in the books of account and there is no evidence to indicate that said liabilities had ceased to exist.

Donations given by Trust to Other NGOs/Trust for its Purposes are Deductible

November 17, 2022 1050 Views 0 comment Print

ACIT (Exemptions) Vs Grow More Foundation (ITAT Ahmedabad) Regarding the payment made to Chandansingh, the Ld. CIT(A) has observed that the payment is made for construction work on which TDS has been deducted and a fresh confirmation with signature of the contractor and his PAN No. etc. have been submitted and the amount is incurred […]

Subsidiary & its parent company located in different taxable territories are distinct entities

November 17, 2022 1806 Views 0 comment Print

Service provided by a company in India to its Hundred percent holding company abroad cannot be considered as an establishment of a distinct person and therefore such services would be export of services.

Company not opted for liquidation in impugned year hence disallowance of expense unjustified

November 17, 2022 738 Views 0 comment Print

ITAT Ahmedabad held that disallowance of expenditure in the assessment year 2012 on the reason that company went into voluntary liquation is unsustainable as the company was not into liquidation in the impugned year.

Reassessment due to change of opinion is impermissible

November 17, 2022 2304 Views 0 comment Print

Delhi High Court held that reassessment proceedings cannot be initiated by mere change of opinion of the Assessing Officer regarding the question of the fair market value or whether the amount paid by the assessee to his sisters was deductible from the total consideration.

Legal/ professional expense for opinion about prospective investment is not capital expenditure

November 17, 2022 837 Views 0 comment Print

ITAT Delhi held that expenses paid to legal and professionals for an opinion about legal and tax consequences of the prospective investment cannot be considered to be a capital expenditure. Such expenses are revenue in nature.

Merely filing of VAT returns cannot be held to establish genuineness of transaction

November 17, 2022 822 Views 0 comment Print

Mahalaxmi Dye India Pvt. Ltd Vs ACIT (Delhi High Court) A perusal of the paper book reveals that during the investigation it has been found that M/s Seema Enterprises is not involved in any real business and hence the contention of the learned counsel for the petitioner that it made payments in the course of […]

Corpus donations received by unregistered Trusts are not taxable

November 17, 2022 6747 Views 0 comment Print

ITAT held that Corpus donations received by Trusts, which is not registered u/s.12A/12AA of Income Tax Act, are not taxable as they assume the nature of ‘Capital receipt’ the moment donations are given to ‘Corpus of Trust’

Rule 37BA(3)(ii) allows splitting up of TDS amount over a number of years if corresponding income is assessable over a number of years

November 17, 2022 2655 Views 0 comment Print

Larsen & Toubro Public Charitable Trust L&T House Vs ITO (ITAT Mumbai) Rule 37BA(3)(ii) allows splitting up of TDS amount over a number of years if corresponding income is assessable over a number of years A.R submitted that certain income received by the assessee is split between two or more years under accounting principles. Accordingly, […]

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