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All ITAT

Expenses on News/TV programs/Film rights not having enduring benefit allowed as revenue expenditure

December 29, 2015 1280 Views 0 comment Print

ITAT Mumbai held In the case of Zee Media Corporation Limited vs. DCIT that regarding the nature of the news items purchased, we find it is in the common knowledge of every citizen that the news items do not have enduring benefit.

Transfer Pricing: Revenue can’t adjust operating costs in allowing capacity adjustment

December 28, 2015 2851 Views 0 comment Print

In the case of DCIT Vs. Claas India Pvt. Ltd. Delhi Bench of ITAT have denied to approve the method adopted by AO/TPO in allowing capacity adjustments. ITAT further held that once the law enjoins for doing a particular thing in a particular manner alone

Assessment of a dissolved company is illegal

December 27, 2015 3749 Views 0 comment Print

In the case of Advance India Projects Ltd. Vs. ACIT Delhi bench of ITAT have held that assessment upon a dissolved company is impermissible as there is no provision in Income-tax Act, 1961 to make an assessment thereupon.

Disallowance cannot be made of expenditure not claimed as deduction in profit & loss account

December 26, 2015 3227 Views 0 comment Print

ITAT Delhi held In the case of Sunaina Tower Pvt. Ltd. vs. ACIT that the material issue is that the said expenditure was never claimed as business expenditure, the occasion to make a disallowance of the same does not arise.

CIT (A) cannot initiate & levy penalty u/s 271(1) (c) by penalty order under his adjudication

December 26, 2015 9168 Views 0 comment Print

ITAT Pune held In the case of Shri Ajit Ramchandra Jadhav. vs. ACIT that the order initiating the penalty proceedings has to be a different order and has to be passed by the person, who has made the addition / assessment in the hands of the assessee.

Plausible view by AO being not an erroneous view, revision u/s 263 not sustainable

December 26, 2015 847 Views 0 comment Print

ITAT Mumbai held In the case of M/s Vidyasagar Enterprises LLP vs. Principal CIT that AO accepted the loss sustained by the assessee in this project to be allowed to be set off against other income of the assessee after application of mind and considering relevant material on record which was one

Supply of shrink-wrap software is transfer of right to use copyright and covered in royalty liable to TDS u/s 195

December 26, 2015 3080 Views 0 comment Print

ITAT Bangalore held In the case of M/s Tejas Networks Ltd. vs. DDIT that the right that is transferred in the present case is the transfer of copyright including the right to make copy of software for internal business

Interest Income is capital receipt only if it is inextricably linked with project

December 26, 2015 5941 Views 0 comment Print

In the Case of ACIT VI, Kanpur vs. Z Square Shopping Mall Private Limited, ITAT held that the interest earned on FDR, Gains from investment of Mutual Fund is not inextricably linked or connected with the construction activities

Mere mismatch of description cannot be a reason to treat the same as unexplained

December 25, 2015 3382 Views 0 comment Print

The ITAT Mumbai in the case of M/s Parle Bottling Pvt. Ltd. held that the mismatch in description of jewellery as recorded vis a vis as found by valuer cannot be in its own a sole basis for treating mismatched jewellery as unexplained particularly when minor difference in carat weight.

Electricity duty is not a tax, duty cess or fee, section 43B is not attracted in respect of electricity duty collected by MSEB

December 25, 2015 3148 Views 0 comment Print

In the case of ACIT Vs. M/s. Maharashtra State Electricity Distribution Co. Ltd. ITAT adjudicated two appeals against the order of CIT (A) who allowed the appeal of assessee in part. Both revenue as well as assessee filed appeal against the order of CIT (A).

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