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Amended provisions of Section 154 cannot be applied with retrospective effect

October 8, 2022 1944 Views 0 comment Print

A R Transport Vs ADIT (ITAT Jabalpur) Amended provisions of Section 154 cannot be applied with retrospective effect in respect of an AY which precedes the year of amendment of the provisions 

Liability to tax premium on redemption of preference shares arose when the same was actually received

October 8, 2022 26346 Views 0 comment Print

While holding that the premium on redemption of preference shares was exigible to tax under the head Income from Capital Gains, the ITAT held that the revenue authorities were not justified in making the additions to the assessees income on the ground of notional premium receivable on preference shares.

Assessment completed after proper inquiry cannot be reframed without fresh evidence

October 8, 2022 1491 Views 0 comment Print

ITAT Jaipur held that assessment which are already completed after making proper inquiries cannot be allowed to again reframed merely based on the search without any fresh evidence. Addition unsustainable

TP adjustment deleted in absence of written agreement to incur expense between assessee and AE

October 8, 2022 810 Views 0 comment Print

ITAT Bangalore held that in the absence of no written agreement exists between the assessee and its AE requiring the assessee to incur advertisement, marketing and promotion (AMP) expenses, the same cannot be regarded as an international transaction at all and hence TP adjustment not sustainable

Remuneration to trustee cannot be ground to cancel registration of trust

October 8, 2022 7014 Views 0 comment Print

ITAT Hyderabad held that payment of remuneration to the trustees could result into disallowance of excess expenditure and the same cannot be a ground to cancel the registration of trust

Addition unsustainable once onus adequately discharged by assessee

October 8, 2022 1059 Views 0 comment Print

ITAT Ahmedabad held that addition solely on the basis of investigation wing report unsustainable as onus was discharged by the assessee as PAN card and bank statements were duly submitted

ESOP expenditure allowable as deduction u/s 37(1) of the Income Tax Act

October 8, 2022 1773 Views 0 comment Print

ITAT Bangalore held that expression expenditure also includes loss and therefore the difference between the price at which the shares are issued to the employees and the market value of the shares would be expenditure incurred for section 37(1) of the Income Tax Act

Tribunal held to re-consider Warranty Claim by MRF Tyres in terms of Supreme Court decision

October 7, 2022 2511 Views 0 comment Print

Assessee had given the scientific basis for the warranty in respect of tyres sold to the truck segment and non-truck segment and further the issue was pending with the AO because AO had to verify the details in term of the decision of the Supreme court in the case of Rotork Controls India Pvt. Ltd., vs. CIT,314 ITR 62(SC). Therefore,  the matter need to go back to the file of AO.

Bad debt of Advance to Subsidiary Company for Business Purpose allowable

October 7, 2022 4185 Views 0 comment Print

Integra Engineering India Ltd. Vs ACIT (ITAT Ahmedabad) It is pertinent to note that though the assessee has stated that the intention of the assessee to give advances to its subsidiary for making capital and subsidy but the intention was to control the operation of the GTL and to oversee that the manufacturing cost of […]

No Section 263 revision in case AO had taken possible view

October 6, 2022 936 Views 1 comment Print

Income from assets given on lease, though offered to tax under normal provisions, was not routed through Profit and Loss Account and the accounting treatment given by assessee was in accordance with mandatory AS-19 which mandated assessee to reflect investment in asset under finance lease as lease receivable in balance-sheet on asset side under the head loans and advances.

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