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All ITAT

Non-furnishing of any explanation itself will lead to Penal Consequences

June 4, 2015 1830 Views 0 comment Print

In the case of Radha Nutirents Ltd. Vs. ITO the Hon’ble ITAT held that the assesse has failed to provide the loan confirmation of the loan received from Shri Kathirase Kumar and was also unable to provide an explanation as to why such confirmation could not be filed.

Re-assessment proceedings concluded us/ 147 are invalid if notice u/s 143(2) is not issued

June 1, 2015 7164 Views 0 comment Print

The issue in dispute raised in additional ground relating to non issue of the mandatory notice u/s. 143(2) of the Act is decided in favour of the assessee and we hold that the impugned assessment order dated 31.12.2009 passed u/s. 147/143(3) of the Act by the AO as invalid.

Service Tax U/s. 43B not allowable as no expenditure claimed by assessee

May 31, 2015 7612 Views 0 comment Print

Issue- On the facts and in the circumstances of the case, the Ld.CIT(Appeals) has erred on facts and in law in deleting the addition of Rs.10,83,555/- which was made by the Assessing Officer by invoking the provisions of section 43B of the Act as the service tax payable in the balance sheet was not deposited before due date of filing of return.

Section 148 could not be invoked in absence of any Tangible Material

May 28, 2015 1628 Views 0 comment Print

ITAT Chennai held in the case of DCIT vs M/s. Sri Balasubramania Mills Ltd. that the section 148 could only be invoked whenever there is a failure on the side of Assessee to furnish all the necessary details. But, in this case the details were furnished as relevant sale deed was available with the AO

Receipts on account of identification & core site selection from available 2D & 3D seismic data shall be taxed U/s. 44BB

May 23, 2015 346 Views 0 comment Print

The assessee received revenue on account of the contract entered into with ONGC for providing services of seismic survey to the data correction supervision for the purpose of hydrocarbon reservoir exploitation, possible leak point identification and core site selection from available 2D and 3D seismic data, core acquisition with USBL System, sample processing, prevention and transportation, laboratories analysis and interpretation and report.

Tax on Agricultural land transferred under JDA

May 22, 2015 4248 Views 0 comment Print

Medravathi Agro Farms Pvt. Ltd. Vs ACIT (ITAT Hyderabad) It is observed that the assessee company as well as other thirteen land owning companies were incorporated with their main object to carry on the agricultural activities and there is no dispute about the same. In order to pursue this main objects, these companies purchased agricultural […]

Statement recorded u/s 133A during survey, cannot be taken as evidence to make addition to income

May 17, 2015 5450 Views 0 comment Print

The statement recorded by an officer on oath will be used as evidence in any proceeding, whereas statement recorded u/s. 133A has not given any evidentiary value because it was recorded by the authority, which has not been empowered to administer the oath to the assessee and take sworn statement.

Reopening based on mere information received from Income Tax Investigation Wing not valid

May 15, 2015 2430 Views 0 comment Print

We have considered the rival submissions carefully and perused the order of the AO and the CIT(A). In this case of the assessee original assessment was framed in scrutiny assessment u/s 143(3) of the Act. Thereafter the completed assessment was sought to be reopened by the AO by issuance of the notice u/s 148 on the assessee on basis of reopening

Exemption cannot be denied merely for claim under wrong section

May 15, 2015 3984 Views 0 comment Print

Annam Software Pvt. Ltd. vs. CIT (ITAT Chennai) Assesse, an EOU, filed its return claiming exemption u/s 10 B. A.O. rejected assesse’s claim. In appellate proceedings , assesse raised a plea that in relevant year it had claimed deduction u/s 10 A

MAT provisions in s. 115JB do not apply to foreign companies

May 15, 2015 2039 Views 0 comment Print

The MAT provisions were introduced in statute by the Finance Bill, 1996 and the Finance Minister while introducing this provision observed that the company engaged in the power and infrastructure sector will remain exempt from the levy of MAT.

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