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Disallowance u/s 14A cannot be made on ad-hoc basis

October 3, 2015 1563 Views 0 comment Print

ITAT Kolkatta held in Swew Benefit Company Vs DCIT that for disallowing expenses u/s 14A i.e expense incurred for non-taxable income, there had to be some logical strong basis like rule 8D or something else but it could not be disallowed on ad-hoc basis.

Revision of return u/s 139(5) is not required when undisputed apparent mistake is there in ROI

October 3, 2015 825 Views 0 comment Print

ITAT Ahmedabad held in ACIT Vs Amrapali Capital & Financial services Ltd that if the assessee had by mistake wrongly computed its computation of income because of unawareness of the law and he had not revised it return within the time mentioned u/s 139(5)

Approval u/s 80G(5) could be granted if certificate u/s 12A is not withdrawn

October 2, 2015 1096 Views 0 comment Print

In the case of Govats Foundation v ITO (Exemption) it is held by ITAT-Hyderabad that the approval u/s 80G(5) could be granted to charitable institution if the certificate granted u/s 12A has not been withdrawn.

No addition u/s 68 on account of money received on allotment of shares, once identity of Investor Company established

October 1, 2015 1162 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Lotus Integrated Taxpark Ltd. vs. The DCIT that the assessee on the basis of the documentary evidence on record has been able to prove that Non Resident Company i.e. M/s Glacis Investment Limited was an existing company

Mere non production of parties cannot be a ground of disallowance of purchases -ITAT

October 1, 2015 747 Views 0 comment Print

ITAT Delhi Has held In the case of Piyush Developers Pvt. Ltd. & Others vs. ACIT, that despite search and seizure no adverse material was found to substantiate the disallowance made by the A.O. The purchases which are disallowed relate to cement and steel which are essential for the purpose

Sec. 36(1)(iii)- Commercial expediency is to be proven for allowance of expenditure incurred- ITAT

October 1, 2015 4454 Views 0 comment Print

ITAT Delhi has held In the case of M/s Chemical Sales and Services vs. ITO that the only condition for claiming deduction under section 36(1 )(iii) is commercial expediency of the expenditure incurred and once the said condition is fulfilled

Delivery of notice u/s 148 at correct address of assessee is foundation for initiation of reassessment proceedings – ITAT

October 1, 2015 2152 Views 0 comment Print

ITAT Delhi held In the case of ITO vs. Hepta Developers Pvt. Limited that notice u/s 148 is foundation of the reassessment proceeding. The notice was sent on wrong address while the correct address was available in the return filed by the assessee.

Law of limitation binds not only assessee but also Revenue – ITAT

October 1, 2015 579 Views 0 comment Print

DCIT vs. M/s Presidency Exports & Industries Ltd. (ITAT Kolkata) We do agree that in a matter of condonation of delay when there is no negligence or deliberate inaction or lack of bonafide approach, the liberal approach has to be adopted to advance substantial justice. In the fact

Valuation of stock should be as per regular method followed, not on estimation basis – ITAT

October 1, 2015 3398 Views 0 comment Print

ITAT held In the case of Das Plaza vs. ITO that the closing stock has to be taken at the end of the year not in the middle of the year. If any addition has to be made that to be made only difference in the value as at the end of the year.

Proceedings u/s 158BD raised after gap of 3 years, even after completion of block assessment, not maintainable – ITAT

October 1, 2015 888 Views 0 comment Print

ITAT held In the case of ACIT vs. Raj Kumar Jalan that in view of the proposition laid down by the Honble Delhi high Court in the case of CIT Vs. Bharat Bhusan Jain and others in ITA No.648/09 and 669/2009 etc order dated 08.01.2015

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