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AO cannot disallow expenses on estimation basis without verification of genuineness

October 21, 2015 10757 Views 0 comment Print

ITAT Jaipur held In the case of Balbir Singh vs, ACIT that it is not open for the AO to make addition on estimation basis without verifying that said expenses are genuine or not. Mere fact that payments were made in cash on self made vouchers

Tolerance margin (+/-) 5% u/s 92C (2) available only where variation between ALP and Actual price limited to this range

October 21, 2015 3073 Views 0 comment Print

ITAT Ahmedabad held In the case of Lubrizol Advanced Materials India Pvt. Ltd. vs. DCIT that after the retrospective amendment to the second proviso to section 92C (2) by the Finance Act, 2012, there remains no ambiguity that the benefit of tolerance margin is available only when the variation

Penalty U/s. 271(1)(c) cannot be imposed for mere non-application of Rule 8D by assessee

October 19, 2015 2152 Views 0 comment Print

ITAT held in ACIT Vs Ms Shyam Basic that if the assessee had made a wrong claim in the return of income but had furnished full particulars in its return of income then it would not amount to concealment if income and penalty u/s 271(1)(c) could not be levied.

Deduction cannot be allowed merely on consistency or on the basis of mere Footnote in Audited Balance Sheet

October 19, 2015 283 Views 0 comment Print

ITAT New Delhi held in Indo Count Industries Ltd Vs DCIT( ITAT New Delhi) that it all depends upon the facts of the case that whether the assesse was eligible to claim exemption u/s 10B for all the units as a single entity or every unit was independently eligible to claim exemption u/s 10B as a separate unit.

Service Tax not to be included while calculating the gross receipts for sec 44BB

October 19, 2015 2002 Views 0 comment Print

ITAT Delhi held in M/s Sundowner offshore International (Bermuda) Ltd Vs ADIT (International Taxation, Dehradun) that for calculating the gross receipts for sec 44BB, reimbursement of service tax not to be included in gross receipts and 10% of the total gross receipts without considering the service tax would be taken as taxable income of the assesse.

Receipt already taxed in the head of sub-contractor cannot be disallowed to contractor considering same as inflated expense

October 16, 2015 1279 Views 0 comment Print

ITAT Hyderabad held In the case of M/s. KNR Constructions Ltd. vs. DCIT that no such adverse inference however was drawn by the A.O. in the case of the concerned two sub-contractors and in the assessments completed under section 143(3) in their cases

In absence of supportings addition to existing house may not be treated as construction of new house

October 16, 2015 4411 Views 0 comment Print

Smt. Shakeera Begum vs. ITO (ITAT Hyderabad) In the instant case, as the municipal approvals, completion certificates and authentic plans were not available, the ITAT could not conclude whether assessee had constructed new independent house and there was no evidence that the old building was ever demolished.

Sec.10A- Communication cost in absence of profit element is to be excluded from total & export turnover

October 16, 2015 586 Views 0 comment Print

In the case of Pegasystems Worldwide India Pvt. Ltd. Vs. ACIT Hyderabad Bench of ITAT directed the AO to reduce communication cost not only from export turnover but also from the total turnover for the purpose of computation of deduction as per Explanation 2 to section 10A.

If assessee merely acted as a conduit without any right in money, no addition can be made u/s 69A

October 16, 2015 1908 Views 0 comment Print

In the case of M/s Bhagwati Motors Vs. ITO Chandigarh bench of ITAT have held that Assessee merely acted as a conduit without any right in money, therefore, no addition under section 69A of the Act could be made against the assessee.

Section 10B: Duty Drawback is not the income derived from undertaking

October 15, 2015 21270 Views 0 comment Print

ITAT Jaipur held in case of ACIT Vs. Smt. Ranjana Johari that if change made in the wooden article which resulted in to a new and different article then it would amount to manufacturing activity. The assessee, Ranjana Johari, had undertaken different activities to shape up

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