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Fine for overloading paid to RTO is an allowable expenses under Section 37

January 15, 2023 3297 Views 1 comment Print

Kiran Roadlines Vs ACIT (ITAT Rajkot) The assessee is a registered firm in the business of transportation. It appears that for A.Y. 2004-05 & 2005-06 identical penalty debited to P&L account has been allowed by he Ld. CIT(A). In appeal preferred before the ITAT by the Revenue dated 06.03.2009, the Hon’ble Bench has been pleased […]

ITAT restore issue of claim of brought forward loss to CIT(A) for passing speaking order

January 15, 2023 957 Views 0 comment Print

Shivdham Industries P. Ltd Vs DCIT (ITAT Guwahati) It has been stated before us by the ld. Counsel for the assessee that in the return of income filed in Form no. ITR­-6 in Schedule CFL, the assessee has furnished ‘details of loss to be carried forward to future years’ totaling to Rs. 82,89,050/- which included […]

No Addition for Cash Deposit during Demonization out of balance before Demonization

January 15, 2023 2214 Views 0 comment Print

Shail Jayesh Shah Vs ITO (ITAT Mumbai) From the copy of the bank statement of Kotak Mahindra Bank, we find that assessee had deposited Rs.6 lakh in cash in 600 old currency notes of Rs. 1000 denomination on 01/12/2016. At a glance, it may appear that since the assessee had sufficient cash in hand amounting […]

AO must give TDS credit on furnishing of TDS certificate by Assessee despite mismatch with NSDL data

January 15, 2023 4128 Views 0 comment Print

Machine Tools India Ltd. Vs ACIT (ITAT Kolkata) CBDT has issued instruction from time to time to the AO’s qua the manner of processing the return and giving TDS credit. Delhi High Court in the case of Own Motion and Ors. Vs. CIT & Ors. In [2013] 352 ITR 273 (Delhi) issued seven mandamuses for […]

Justice cannot be deprived for mere filing of Appeal in Paper mode instead of Electronic

January 15, 2023 705 Views 0 comment Print

Hemendra Lilachand Shah Vs ITO (ITAT Ahmedabad) ITAT noted that requirement of filing appeal before the learned CIT (A) in electronic form was new. The assessee being individual filed appeal before CIT(A) within time limit but in paper dated 18th April 2016 instead of filing online as required by the CBDT notification dated 1st March […]

Annual lease payment to NOIDA Authority liable to Section 194I TDS

January 15, 2023 6942 Views 0 comment Print

Ajnara India Ltd. Vs ITO (ITAT Delhi) It is observed that the Ld. CIT(A) examined the Lease Deed Agreement between the assessee and NOIDA Authority filed before him during the appellate proceedings and extracted the relevant recitals in para 4.8 and 4.9 of his order to reach the conclusion that reading of Lease Deed Agreement, […]

ITAT directs AO to consider settlement of dispute subsequent to Asset Purchase Agreement

January 15, 2023 690 Views 0 comment Print

ACIT Vs Calchennai Mobile Worx P. Ltd (ITAT Chennai) As per asset purchase agreement between the assessee and the purchaser, agreed consideration for transfer of business/asset is Rs 5.76 crores. In fact, the buyer has confirmed having paid entire agreed consideration for transfer of business. The assessee claims that it has received a sum of […]

Transfer not complete if possession not delivered to purchaser

January 14, 2023 6168 Views 0 comment Print

ACIT Vs Shree Ami Office Owner’s Association (ITAT Ahmedabad) The issue for consideration is the year of taxability of the property. We observe that in the instant case, both the registered sale deed as well as the possession of the property was transferred in the subsequent financial year i.e. financial year 2007-08. The complete payment […]

TDS credit cannot be denied in the year in which corresponding income been declared

January 14, 2023 3960 Views 0 comment Print

Revenue is under obligation to give suitable credit for such deduction either in the year in which the corresponding income has been declared or in the year in which TDS credit has been received in the Treasury

Referring matter to valuation officer unjustified as books of accounts not rejected

January 14, 2023 1602 Views 0 comment Print

ITAT Hyderabad held that prior to 01.10.2014 it was essential for the Assessing Officer to reject the books of accounts of the assessee before referring the matter to the Valuation Officer for determining different entries and the expenditure incurred by the assessee.

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