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Amortization & allowability of Expenses under section 35D & 37- ITAT remands matter back to AO

October 14, 2022 1611 Views 0 comment Print

DCIT Vs L & T Access Distribution Services Ltd. (ITAT Mumbai) On the one hand, it is argued by the Ld. A.R. for the assessee before the Ld. CIT(A) that the expenditure of Rs.13.30 crores is for the purpose of setting up of the business of the assessee, but at the same time argued that […]

Equalization levy not applicable on person merely acting as conduit

October 14, 2022 2253 Views 0 comment Print

ITAT Jaipur held that equalization levy not applicable as role of the assessee is merely conduit between the entity carrying out the advertisement and Google. The ultimate benefit of such advertisement is not desired by the assessee.

ITAT allows provision for sales return of seeds having short shelf life

October 14, 2022 1584 Views 0 comment Print

DCIT Vs Prabhat Agri Biotech Limited (ITAT Hyderabad) It is a fact that the assessee supplies seeds to its distributors located in the states of Kerala, Andhra Pradesh and Karnataka and after the season is complete the sales distributors identify the stock of seeds of various varieties which are not sold by the end of […]

Section 147 assessment proceeding invalid if no valid service of notice

October 14, 2022 765 Views 0 comment Print

It is trite law, valid service of notice under section 148 of the Act is sine qua non for proceeding under section 147 of the Act. In absence of valid service of notice under section 148 of the Act, the assessment proceeding under section 147 of the Act has to be declared as invalid.

ITAT deletes addition for excess stock which was based on erroneous mathematical exercise

October 14, 2022 1773 Views 0 comment Print

Priyo Gopal Bishoyi Grandson Vs ACIT (ITAT Kolkata) We find that Revenue has erred in comparing two accounting statements, which are un-comparable to each other because Revenue has taken book stock on the basis of Tally Software, whereas physical stock on the basis of ORIEL Software. It is also observed that ld. Assessing Officer failed […]

ITAT allows deduction for provision of doubtful debts

October 14, 2022 3381 Views 0 comment Print

Whether assessee can claim deduction for provision of doubtful debts without giving adjustment in individual ledger account of sundry debtors?

Department cannot take advantage of ignorance of assessee in claiming deduction

October 14, 2022 4716 Views 0 comment Print

Officers of department must not take advantage of ignorance of assessee about his rights and it is their duty to assist tax payer in every reasonable way particularly in claiming and securing reliefs,

ITAT directs CIT(A) to decide appeal on merits observing principle of natural justice

October 14, 2022 525 Views 0 comment Print

Toshiba JSW Power Systems Private Limited Vs DCIT (ITAT Chennai) The AO had held that payment made by the assessee to non-resident towards cost of salary of seconded employees is fees for technical services as per section 9(1)(vii) of the Act and also as per Article 12(4) of India & Japan DTAA and held to […]

Land appurtenant to building – No rider under section 54 on size of land

October 13, 2022 13584 Views 0 comment Print

Section 54 does not put any rider that deduction in respect of investment in acquisition of land appurtenant to building will not quality for exemption.

Revision u/s. 263 of Income Tax Act not possible on guess work

October 13, 2022 1059 Views 0 comment Print

ITAT Bangalore held that before setting aside the matter the PCIT must have some material which would enable to form prima facie opinion that the order passed by the AO is erroneous in so far as it is prejudicial to the interest of the Revenue. Revision under section 263 of Income Tax Act not possible on guess work.

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