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Depreciation on 120 Computers cannot be denied by alleging personal use

June 23, 2022 594 Views 0 comment Print

Jaya Publications Vs DCIT (ITAT Chennai) We find that the assessee has purchased Computers for business purposes and claimed depreciation thereon. In support, the relevant invoices were produced. The only reason to disallow the depreciation is the conclusion of Ld. AO that the use of computers for business was not established. However, this conclusion is […]

Diasallowance of entire expense for non-submission of evidence is unreasonable

June 23, 2022 1044 Views 0 comment Print

The Assessing Officer as well as the ld. CIT(A) had chosen to disallow the entire expenditure without appreciating the fact that no income of hire charges can be earned without incurring expenditure on salaries and fuel etc. This approach of lower authorities is most unreasonable and arbitrary.

No Section 234E late fee for default committed before 01.06.2015

June 23, 2022 564 Views 0 comment Print

Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act.

No section 271(1)(c) Penalty if AO fails to specify inaccurate particulars of income

June 23, 2022 1863 Views 1 comment Print

Rajendra Venkat Reddy Vs DCIT (ITAT Pune) The issue in the present appeal relates to the levy of penalty u/s 271(1)(c) of the Act. The Assessing Officer sought to levy penalty in respect of addition of Rs.15,00,000/- being unexplained cash deposits in the bank accounts held by the appellant. The addition was purportedly made u/s […]

HC declines stay application filed by Toshiba as it not claimed financial hardship

June 23, 2022 420 Views 0 comment Print

Toshiba Corporation Vs CIT (Delhi High Court) Admittedly, while deciding the stay application, the Assessing Officer and the CIT(A) have to consider three primary issues i.e. prima facie case, balance of convenience and irreparable injury. In the present case, the petitioner has not claimed financial hardship. Accordingly, the third factor i.e. irreparable injury is not […]

In absence of major infirmity or irregularity expenses cannot be doubted

June 23, 2022 534 Views 0 comment Print

It is not possible to show the veracity of many expenses, because such expenses are running, on continuous basis for each and every trip. He further held that unless any major infirmity or irregularity can be found and proved, expenses cannot be doubted.

HC upheld addition of 0.5% of Turnover in case of Entry Operator

June 23, 2022 1278 Views 0 comment Print

Punjab and Haryana High Court affirms ITAT’s decision on Anil Kumar’s appeal, upholding the assessment. Court rejects challenge on grounds of different treatment for 2014-15.

Legality of show cause notice & Order based on mismatch in ITC under GST

June 22, 2022 1908 Views 0 comment Print

Mahendra Feeds and Foods (Trading Division) Vs Deputy Commissioner of GST and Central Excise (Madras High Court) The petitioner is a dealer under the GST regime. He has availed Input Tax Credit (ITC) for the Financial Year 2017-18 and 2018-19 from December 2017 to March 2019. But, according to the Revenue, the ITC claimed by […]

ITAT upheld disallowance of losses by client code modification

June 22, 2022 1002 Views 0 comment Print

Chandresh Luniya Vs ITO (ITAT Ahmedabad) The facts in brief are that the assessee in the present case is an individual and engaged in the activity of derivative business of shares and securities. In the present case it was found by the AO that the assessee has obtained the benefit of accommodation entries by way […]

Mere Mis-Declaration of Capital Loss as Business Loss is not Concealments of Income

June 22, 2022 441 Views 0 comment Print

Pur Opale Creations Ltd. Vs DCIT (ITAT Ahmedabad) It is an undisputed fact that the assessee has disclosed particulars of loss in sale of assets before the authorities below. Instead of treating a loss as capital loss the assessee has treated the same as business loss and therefore, it cannot be said to have not […]

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