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No Penalty u/s 271(1)(c) on debatable issues, estimations, change in accounting method / income Head & preponment of taxable income

October 24, 2015 4530 Views 0 comment Print

Mumbai ITAT held In the case of M/s Parinee Developers Pvt. Ltd. vs. ACIT that the concealment penalty levied by the CIT (A) in this case is on the issues which are not free from debate. In our opinion, the assessee would have got relief in most of issues relating to additions based on the estimations

Education Society can claim depreciation in respect of assets, cost of which is claimed by them as application

October 23, 2015 14146 Views 0 comment Print

M/s. Kamineni Educational Society vs. Joint DIT (Exemptions)-Issue- The common issue involved in these appeals is about the disallowance of depreciation claimed by assessee in respective assessment years on the reason that the cost of assets had been claimed as application of income by assessee

Reassessment u/s 150(1) due to an appeal not permissible if it’s already time barred

October 22, 2015 646 Views 0 comment Print

ITAT Lucknow held In the case of DCIT vs. M/s Scooters India Ltd. that as per the provisions of section 150(2), the provisions of sub section (1) of section 150 are not applicable if it is found that at the time when the order of CIT (A) was passed

Principle of consistency applies if facts and circumstances are same

October 22, 2015 10691 Views 0 comment Print

In the matter of transfer pricing adjustment, no reasons have been given by the present TPO to reject the method of Cost Plus basis adopted by the assessee and accepted by the Department in earlier year(s).

Transfer of capital assets not completes if Terms & Conditions of agreement not performed by both parties

October 21, 2015 1454 Views 0 comment Print

ITAT Jaipur held In the case of ITO vs. Alok Mukherjee that where both the parties not performed terms & conditions of the agreement to sale in prescirbed time and prescribed maneeer, it is breach of contract, so it will not be a transfer of property on the date of such agreement.

Non TDS deduction disallowance not sustainable if payee discharges his tax liability

October 21, 2015 2025 Views 0 comment Print

ITAT Ahmedabad held in the case Kurian Ulahannan Moothukuzhiyil vs. ITO that in the case of CIT vs. Ansal Land Mark Township (P) Ltd. in ITA 160/2015 & ITA 161/2015 dated 26/08/2015, it was held that there is one thing common to both the provisions to Section 40(a) (ia) and Section 201 (1) is that the as long as the payee has filed its return of income disclosing the payment received by and in which the income earned by it is embedded and has also paid tax on such income, the Assessee would not be treated as a person in default.

In absence of any material change revenue cannot take a view different from earlier view

October 21, 2015 603 Views 0 comment Print

M/s. Bajrang Wire Products (India) Pvt. Ltd. Vs. The Addl. CIT (ITAT Jaipur) In the present case the matter before the ld. CIT (A) was payment of interest for the A.Y. 2006-07 and also for A.Y. 2008-09. In both the matters, the interest was restricted by the AO to 12%

To avail Section 32(2) depreciation claim it’s not necessary that business carried on in following previous year

October 21, 2015 12931 Views 2 comments Print

The Serendipity Apparels Pvt. Ltd. Vs. CIT (ITAT Ahmedabad)- The assessee has derived its lease rental income under the head from other sources. There is no dispute that the same is covered u/s.56(2)(iii) of the Act.

In absence of any unilateral or bilateral w/off, no addition sustainable on account of cessation of liability

October 21, 2015 1320 Views 0 comment Print

ITAT Jaipur held In the case of M/s Brothers Pharma Pvt. Ltd. vs. ITO that the case laws referred by the CIT (A) are squarely distinguishable on the ground that there was a written off either by the assessee or bilaterally

Interest Expense would be allowed only if there is nexus between Expense and Income Earned

October 21, 2015 2262 Views 0 comment Print

In the case of ACIT Vs. Shri JugalKishore K. Agrawal, ITAT Ahmedabad on the basis of revenue observation and after going thought the case file, held that if there is no nexus between the interest income earned and interest paid, then interest paid cannot be allowed within preview of section 57(iii).

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