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Provision for expenses is an ascertained liability & eligible for deduction

July 11, 2022 18255 Views 0 comment Print

As per mercantile system of accounting, provision for expenses is an ascertained liability and the same is eligible for deduction while computing total income.

Expenditure disallowed as necessary conditions of revenue expenditure not satisfied

July 10, 2022 915 Views 0 comment Print

Held that assessee had failed to satisfy the conditions precedent to claim as revenue expenditure, as the expenditure was incurred during the previous year relevant to the assessment year under consideration. Therefore, the claim cannot be allowed as deduction

Disallowance of CSR expense by treating it as capital is unjustified

July 10, 2022 1047 Views 0 comment Print

Held that impugned expenditure cannot be held to be capital and it is not in the nature of personal expenditure or for any violation of law. Disallowance of CSR expenditure unjustified.

Training and computer reservation service cannot be treated as FTS

July 10, 2022 924 Views 0 comment Print

Asst. CIT Vs Renaissance Services BV (ITAT Mumbai) Held that the receipts of the assessee from training services and computer reservation services including reimbursements shall not be chargeable to tax both under the Act as well as under the Treaty. Facts- The assessee is a company incorporated in the Netherlands and is tax resident of […]

Co-operative society eligible for section 80P(2)(a)(i) deduction

July 10, 2022 5046 Views 0 comment Print

Assessee, being co-operative society, is out of the provisions of section 80P(4) and eligible for deduction under section 80P(2)(a)(i)

Allocation of expenditure incurred by one unit to another without adequate base is unjustified

July 9, 2022 954 Views 0 comment Print

The expenditure incurred on Dombivali unit cannot be allocated to only EOU Toluja unit without any basis or sufficient material available on record.

Deduction u/s 80IB(10) includes commercial establishments/ shops also

July 9, 2022 594 Views 0 comment Print

The only issue remains for adjudication is whether the assessee is entitled to claim deduction u/s. 80IB(10) of the Act in respect of housing project undertaken and constructed by it despite the fact that nominal part is commercial area.

Duty demand by treating buyer’s premises as place of removal is unsustainable

July 9, 2022 366 Views 0 comment Print

Held that buyer’s premises cannot, in law, be a place of removal under Section 4. Demand duty thereon is unsustainable in law

Provision amount based on materiality concept can’t be treated as unascertained liability

July 9, 2022 1314 Views 0 comment Print

Held that based on materiality concept, the amount of provision made, can’t be termed as unascertained liability, as the % for which provision is being made had been derived based on technical study, past experience of the company and the industrial standards.

Recovery more than pre-deposit, based on order never served on petitioner, is illegal

July 9, 2022 984 Views 0 comment Print

Recovery of demand more than statutory pre-deposit amount, on the basis of adjudication order, which was never served on the petitioner is declared as arbitrary and illegal

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