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Mere voluntary disclosure after survey proceedings cannot tantamount to bonafide action

September 7, 2015 1655 Views 0 comment Print

ITAT Jaipur held In the case of Nirmal Kumar Bardia vs. DCIT that argument of the assessee that the assessee had disclosed salary received from RMC Gems Thai Co. Ltd., Bangkok voluntarily has not substantiated with any evidence.

Statement u/s 132(4) being rebuttable presumption, can be retracted later on valid evidences

September 7, 2015 3217 Views 0 comment Print

ITAT Jaipur held In the case of ACIT vs. Shri Johari Lal Sodhani that the CIT (A) had given various reasons of retraction and also has considered the evidence for not honouring the statement made under section 132(4).

sec 263 can be invoked If assessment has been done without examinations/inquiry

September 6, 2015 754 Views 0 comment Print

ITAT Delhi held in Ambience Hotel & Resort Pvt. Vs CIT that if the AO had done his assessment ignoring the provisions of the IT act and TPA and ignoring the examinations/inquiry then that assessment was erroneous

NO TDS on payment of Interest by co-operative society to its Members

September 6, 2015 2429 Views 0 comment Print

ITAT held in Almora Urban Co-operative Bank Ltd Vs ITO that TDS was not required to be deducted when co-operative society pays interest to its members as per sec 194A(3).

Penalty u/s 271D & 271E for raising & repayment of loans in cash cannot be imposed if sufficient reasonable cause exist

September 6, 2015 2756 Views 0 comment Print

ITAT held in Envogue Wood Working Pvt Ltd Vs ACIT that if the assessee had taken and repaid the loan in cash and provided the sufficient reasonable cause of doing such then penalty u/s 271D & 271E would not be imposed.

Order u/s 250 cannot be passed ex-parte without giving reasonable opportunity of being heard to assessee

September 6, 2015 7360 Views 0 comment Print

ITAT Delhi held in Executive solutions Pvt Ltd Vs ITO that reasonable opportunity of being heard should be given to the assessee as per the principle of natural justice irrespective of the fact the number of times opportunity of being heard had already been given to the assessee.

‘Such income’ in Section 11(1)(a) stands for ‘Gross Income’ not ‘Net Income’

September 6, 2015 29578 Views 0 comment Print

Public Education Society Vs DDIT (Exemptions) (Bangalore ITAT) Since the expenditure incurred by the assessee was more than 93% of the gross receipts, no part of the gross receipts are liable to be taxed in the year under consideration, as the balance amount was set apart for application in the next year.

CENVAT credit of Mobile phone expenses incurred in relation to manufacturing allowed –HC

September 6, 2015 1880 Views 0 comment Print

In the case of CCE V/s Hindustan Coca Cola Beverages Pvt. Ltd. it was held by Goa High Court held that the any expenditure incurred in the manufacturing activity would be entitled for credit facility and hence the expenses of mobile phones incurred in connection with manufacturing process shall be allowed.

Discount adjustment allowed while calculating suppression of sale due to difference in price of menu card and daily stock sheet

September 4, 2015 594 Views 0 comment Print

ITAT Chennai held In the case of ACIT vs. Sh. R. Paneerselvam (Individual) that normally, the sale price mentioned in the menu card would be the sale price of the liquor. However, the fact is that the liquor shops are giving discount on the liquor sold to their corporate guests, walk in customers, etc. for various reasons.

Exclusive Method’ of accounting is valid in absence of any notified standard by Department

September 4, 2015 5792 Views 0 comment Print

In A.C.I.T. vs. Kiran Industries Pvt Ltd, the Ahmedabad Tribunal following its co-ordinate bench decision and relying upon the decision of Hon’ble High Court (T&AP) held that excise duty component need not to be included in valuation of inventory if the assessee is following exclusive method of accounting.

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