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Addition brushing aside Certificate issued by DDIT (Exemptions) is untenable in law

January 12, 2023 843 Views 0 comment Print

ITAT Delhi held that addition on the allegation of non-deduction of TDS unsustainable as AO failed to point out on which payments the assessee had not deducted TDS. Also, the claim of the assessee is supported by the certificate issued by the DDIT (Exemptions).

Rule of consistency cannot be followed due to leakage of revenue

January 12, 2023 969 Views 0 comment Print

ITAT Delhi held that rule of consistency cannot be followed when the assessee has not discharged its onus and there is leakage of revenue.

Addition merely based on SCN issued by Excise Department not sustain if CESTAT decided in favour of assessee

January 12, 2023 1608 Views 0 comment Print

Zirconia Cera Tech Glazes Vs DCIT (ITAT Ahmedabad) ITAT find that in this case the basis of addition is contents of show-cause notice issued by the Excise Department. An investigation was carried out by DGCEI at assessee premises, wherein it was alleged by the Excise Department that assessee has not declared actual assessable value of […]

Order sent on old address without any effort from AO to send on correct address is barred by limitation 

January 12, 2023 1425 Views 0 comment Print

DSV Solutions Pvt Ltd Vs DCIT (ITAT Mumbai) There was no forwarding, not even an effort to forward, the draft assessment order to the correct address, or at least the address furnished to the Assessing Officer under proviso to rule 127(2), within the permitted time frame under Section 153 r.w.s 144C of the Income Tax […]

Revisional Jurisdiction cannot be invoked merely for mismatch of truck number

January 12, 2023 723 Views 0 comment Print

PCIT wrongly proceeded to set aside assessment order due to mismatch of truck number in two invoices, which was visibly a clerical mistake.

Car Showroom Renovation expenses allowable as ‘Revenue’ expense

January 12, 2023 1929 Views 0 comment Print

The Assessing Officer issued a show-cause notice why the renovation expenses of four showrooms should not be treated as capital expenditure and allow appropriate depreciation.

Disallowance u/s 14A restricted to amount of exempt income

January 12, 2023 2271 Views 0 comment Print

ITAT Bangalore held that disallowance under section 14A of the Income Tax Act is restricted to the amount of exempt income earned by the assessee.

Expense having no nexus with Income from other sources cannot be allowed

January 12, 2023 816 Views 0 comment Print

Nirav Dilipkumar Desai Vs ITO (ITAT Ahmedabad) The Assessing Officer observed that the assessee has shown Rs. 11,86,798/- under the head “income from other sources” and in the schedule of other sources. The assessee has shown Rs. 41,15,221/- and claimed expenses of Rs. 29,28,423/-. The Assessing Officer further observed that the expenses claimed has no […]

Expense deducted from export turnover should be deducted from total turnover for computing deduction u/s 10A

January 12, 2023 708 Views 0 comment Print

ITAT Chennai held that while computing deduction under section 10A of the Income Tax Act expenses deducted from export turnover needs to be deducted from total turnover.

Interest on loan for advance towards development of land is capital expenditure

January 12, 2023 963 Views 0 comment Print

Assessee company had entered into collaboration agreement for development of land and primarily the company was earning rental income. Thus, the interest paid for upcoming projects which was used to be rental has been rightly capitalized.

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