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Stamp Duty & Registration charges for execution of Lease Deed allowable

May 30, 2020 12873 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing claim of stamp duty and registration charges by considering it as capital expenditure?

Deduction u/s 35(2AB) can’t denied, merely because of no approval of expenditure

May 29, 2020 7482 Views 0 comment Print

Once R&D facility has been recognized by competent authority, then deductions provided u/s 35(2AB) cannot be denied, merely for the reason that approval of expenditure for impugned year in prescribed form has not been received from competent authority.

Non filing of return | Section 44AD | Application of 8% Rate by AO justified

May 29, 2020 3273 Views 0 comment Print

The assessee company was in the business of Sale and Service of CCTV cameras and other security equipment’s. Total receipts for the year under consideration was Rs. 3,54,30,497/- and still they have not filed return under income tax.

Inability to reply email notices due to computer illiteracy is genuine reason

May 29, 2020 3582 Views 0 comment Print

In the given case, the Karta of the HUF, Mr. BM Sarin is more than 70 years old and has closed his business. The notices were sent through emails but the assessee being a senior citizen could not look into those emails.

Section 69A Addition based on deposits in bank by ignoring withdrawals was not justified

May 29, 2020 9045 Views 0 comment Print

ITAT Delhi ruling on cash deposit issue. Assessing Section 69A addition to the assessee’s income. Understanding the ITAT judgment and its impact.

Section 68: Sales declared as Income in books cannot be treated as cash credit

May 29, 2020 5943 Views 0 comment Print

ITAT states that the assessee has disclosed the sale of shares in its books of account. Once the sale is declared as income by the assessee, the question of treating the same amount as a cash credit u/s 68 of the Act results in double addition. Thus, the addition is also bad on merits. Hence, the appeal of the assessee is allowed.

FMV determination without giving opportunity of being heard to Assessee is Unjustified

May 29, 2020 963 Views 0 comment Print

The issue under consideration is whether Fair Market Value of property determined without giving access to the DVO’s report to Assessee and without considering the Assessee’s objections is justified in law?

Customs Valuation Rules- Invoice price cannot be rejected without cogent reasons

May 29, 2020 4416 Views 0 comment Print

CESTAT are of the clear view that merely based on DGOV circular also, value cannot be enhanced which is without authority of law. It is clearly held that DGOV circular cannot override the provisions of Valuation Rules.

AO cannot change Share Valuation Method Opted by Assessee in Return

May 29, 2020 837 Views 0 comment Print

The issue under consideration is whether AO in invoking section 56(2)(viib) of the Act and taxing the share premium under the said provisions?

Electricity bill paid on behalf of client is not ‘Business Auxiliary Service’

May 29, 2020 2034 Views 0 comment Print

The issue under consideration is regarding classification of services, whether electricity bill paid on behalf of client can be classified as ‘Business Auxiliary Service’?

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