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Higher depreciation rate admissible on motor Lorries used in Lorry hiring business

June 22, 2022 3630 Views 0 comment Print

ACIT Vs Bharat Carriers ltd (ITAT Cuttack) Under sub-item 2(ii) of Item III of Appendix I of the Income Tax Rules, 1962, higher rate of depreciation is admissible on motor trucks used in a business of running them on hire. Therefore, the user of the same in the business of transportation of the assessee is […]

Penalty not imposable merely for Addition to Income during Assessment

June 22, 2022 1086 Views 0 comment Print

Bhikhabhai Ambalal Patel Vs ITO (ITAT Ahmedabad) Ld. AR submitted that mere existence of addition during the assessment proceedings does not attract provisions of Section 271(1)(c) of the Act. In the present case, the CIT(A) has not pointed out as to on what basis the penalty was imposed. In fact, notice under Section 274 read […]

No Penalty If Cause of Action Itself Does Not Survive

June 22, 2022 477 Views 0 comment Print

Rakesh Kumar Tibra Vs Commissioner of Central Goods (CESTAT Delhi) In view of the Final Order of this Tribunal dated 3.5.2019, in the case of Lucky Tobacco Co. Ltd. and Others, arising from the same impugned order-in-original, we find that the cause of action against these appellants also does not survive. In this view of […]

Section 40(a)(ia) Disallowance justified for failure to deduct section 194A TDS

June 22, 2022 291 Views 0 comment Print

Swaraj Builders Vs ITO (ITAT Raipur) Assessee had failed to comply with the mandate of law and had failed to deduct tax at source u/s.194A of the Act on the aforesaid amount of interest payment of Rs.7,46,025/-. Accordingly, the A.O had disallowed the amount of Rs.7,46,025/-u/s.40(a)(ia) of the Act which was thereafter, upheld by the […]

Late deposit of employees’ contribution of PF deposited before due date of filing ITR allowable

June 22, 2022 1206 Views 0 comment Print

Global Waste Management Cell Pvt. Ltd. Vs Centralised Processing Centre (ITAT Mumbai) The facts in the present case shows that form number 3CD where the statement of particulars required to be furnished u/s 44AB of the income tax act 1961 are prepared by the assessee and is not an audit report. Form number 3CA is […]

ITAT imposes cost on appellant for non-appearance before AO

June 22, 2022 183 Views 0 comment Print

Amritha Raj gets a second chance at appeal in ITAT Bangalore. Non-appearance costs imposed but opportunity granted to present case before CIT(A)

Expense cannot be denied under section 40(A)(2)(b) on surmises & conjectures

June 22, 2022 1716 Views 0 comment Print

Balani Infotech P. Ltd. Vs ACIT (ITAT Delhi) It is for an assessee as a businessman to come to a conclusion as to what remuneration of the salary is to be paid to the employees and the reasonableness of the expenses is to be judged from the angle of a businessman rather than from angle […]

Service Tax on of loading, unloading and transportation of coal from coalface to railway siding

June 22, 2022 1149 Views 0 comment Print

The issue involved in this appeal is as to whether the appellant had provided cargo handling service for the period 01.04.2007 to 30.05.2007 and mining service for the period 01.06.2007.

Section 153C: Addition for Share Capital without Incriminating Material not sustainable

June 22, 2022 1032 Views 0 comment Print

DCIT Vs Apple Metal Industries Pvt Ltd (ITAT Delhi) Assessment for Assessment Year 2011-12 was completed after making addition on account of unverified share application money amounting to Rs. 8,70,71,936/- and in Assessment Year 2014-15, addition on account of unverified share capital amounting to Rs. 30,00,600/- was made. The impugned assessment order clearly shows that […]

Amendment to Section 36(1)(Va) vide Finance Act, 2021 is Prospective

June 22, 2022 2583 Views 0 comment Print

Nakoda Ispat Ltd. Vs DCIT (ITAT Raipur) Admittedly and undisputedly, the employees’s contribution to ESI and PF which have been collected by the assessee from its employees have thus been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Till this provision is enacted in as the […]

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