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Section 68 Addition valid in absence of Evidence to Establish Genuineness of Gift Received

June 22, 2022 768 Views 0 comment Print

Sanjeev Gajendra Pancholi Vs ITO (ITAT Ahmedabad) Perusal of the above gift deed shows that the donor viz. Shri Narendra Maganbhai Pancholi has sold piece of agriculture land from 28.3.2008 to 30.3.2008 and one agriculture land on 26.7.1999 aggregating to Rs.11,64,698/-. The donor claimed that this amount has been invested in private bank, shroff and […]

TDS not deductible on payment of interconnect user charges

June 22, 2022 1839 Views 0 comment Print

CIT (TDS) Vs Tata Teleservices Ltd. (Delhi High Court) Whether the ITAT was correct in holding that no TDS under Section 194J of the Income Tax Act was required to be deducted by the assessee on payment of interconnect user charges as it could not be categorized as fee for technical services? Admittedly, the Karnataka […]

Section 271(1)(c): Consciousness in furnishing inaccurate particulars with circumstantial evidences should be present

June 22, 2022 1107 Views 0 comment Print

Element of consciousness in furnishing inaccurate particulars of income coupled with circumstantial evidences should be present in the particular case.

Differing quantum of Section 14A disallowances cannot be held to be ‘misreporting’

June 22, 2022 1383 Views 0 comment Print

Prem Brothers Infrastructure LLP Vs National Faceless Assessment Centre (Delhi High Court) This Court is of the opinion that the only addition in the assessment order framed is in respect of disallowance under section 14A of the Act. The Petitioner has made a disallowance of Rs.3,20,14,010/- which was recomputed by the Assessing Officer at Rs.6,82,45,759/-. […]

Income Tax: Section 2(22)(e) Act can be invoked in respect of shareholder

June 22, 2022 570 Views 0 comment Print

ACIT Vs Vserve Business Solution Pvt. Ltd. (ITAT Delhi) Assessing Officer has not disputed the fact that the assessee is not a share holder in Intersoft Data Labs Labs Pvt. Ltd. which provided interest free loans to the assessee only because the assessee as well as lender entity are having a common shareholder the Assessing […]

Interest expenditure on abandoned project allowable as revenue expense

June 22, 2022 1392 Views 0 comment Print

ITAT Chennai allows deduction of interest expenses for abandoned project. Legal principles supported by judicial precedents. Assessment reopened validly

Section 271(1)(c) penalty not leviable after deletion of Addition to Income

June 22, 2022 1947 Views 0 comment Print

Prajatantra Prachar Samity Vs DCIT (ITAT Cuttack) It is noticed that the Co-ordinate Bench of this Tribunal has already deleted the additions made in the quantum assessments on the basis of which penalty has been levied u/s.271(1)(c) of the Act for all the three assessment years, we are of the view that the penalty has […]

Income from technical handling services to other Airlines is exempt under Article 8 of India Netherlands DTAA

June 22, 2022 759 Views 0 comment Print

income from technical handling is exempt from taxation in India as the same is covered under Article 8 of the DTAA between India & Netherlands and hence not liable to tax in India.

In ‘Limited Scrutiny’ AO can only examine those issues for which case been selected

June 22, 2022 5334 Views 0 comment Print

Kintukumar Ambalal Patel Vs DCIT (ITAT Ahmedabad)  The issue raised by the assessee in additional ground is that the learned CIT-A erred in confirming the order of the AO by expanding the scope of limited scrutiny assessment to complete scrutiny without necessary approval. Ld. AR further claimed that the Assessing Officer has converted the “Limited […]

Sternal Buildcon guilty of not passing ITC benefit to 112 customers: NAA

June 22, 2022 744 Views 0 comment Print

Parveen Kumar Bansal Vs Sternal Buildcon Pvt. Ltd. (NAA) Authority finds and determines that the Respondent has profiteered by an amount of Rs. 42,21,321/- for the project `Signum 36′ during the period of investigation i.e. 01.07.2017 to 30.06.2019. The above amount that has been profiteered by the Respondent from his shop buyers/ recipients of supply […]

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