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In absence of International Transaction ALP Determination not necessary

October 5, 2022 1866 Views 0 comment Print

DCIT Vs Ferrero India Pvt. Ltd (ITAT Pune) The main contention that was advanced by the assessee in this case before the Tribunal was that the existence of international transaction cannot be inferred by the T.P.O in the absence of any actual transaction and the presumption by the lower authorities that the benefit had endured […]

Manual Filing of Appeal instead of online due to difficulty in e-filing – ITAT directs CIT(A) to accept appeal

October 5, 2022 3009 Views 1 comment Print

Pamstar Exports Vs ACIT (ITAT Mumbai) Assessee has filed the appeal physically on 26.04.16 which was before the due date of filing the appeal and Ld. CIT(A) has dismissed the appeal holding that assessee has filed the appeal manually which is invalid. Admittedly, the scheme of physical filing of appeal was replaced by electronic /online […]

Advice of Consultant not constitute sufficient cause to condone delay in appeal filing

October 5, 2022 1176 Views 0 comment Print

Shri Dilip Manichand Nahar Vs ITO (ITAT Pune) ITAT held that The reason explained by the assessee in both the notarized affidavits that the appeal was not filed on the advice of his Consultant does not constitute a sufficient cause to condone the delay of 807 days, thus the reasons stated in both the notarized […]

Depreciation not allowable if proof of addition to fixed Assets not submitted

October 5, 2022 2667 Views 0 comment Print

Owens Corning India Pvt. Ltd. Vs ACIT (ITAT Mumbai) We observe that in A.Y. 2006-07 Assessing Officer observed that assessee has claimed depreciation of ₹.93,40,242/- and when the assessee was asked to submit the supporting evidences in support of the above claim, assessee failed to furnish the supporting evidences such as bills, date on which […]

ATM Machines Eligible for Depreciation rate of Computer Software

October 5, 2022 1329 Views 0 comment Print

In other words, the test would be: Does an ATM fulfil the functions of a Computer in the business activity of an assessee? Is it a tool of his trade with which it carries on his business?

Expense on routine replacement of spare parts is Revenue Expenditure

October 5, 2022 1572 Views 0 comment Print

Explore Angalakshmi Spinning Mill vs ITO ITAT Chennai case. ITAT allows spare parts replacement as revenue expenditure. Full text of ITAT Chennai order.

No section 68 addition for Loan Received and repaid vide cheque

October 5, 2022 6687 Views 0 comment Print

Manibhadra Securities Services P.Ltd Vs ITO (ITAT Ahmedabad) he assessee in the present case is a private limited company and engaged in the business of trading of Shares and Securities. The assessee in the year under consideration has received the Loan to the tune of Rs. 4,08,01,000/-from M/s Ken Securities Limited. The assessee has repay […]

Compensation for Settlement of Encroachment on Property not allowable without Evidence

October 5, 2022 2487 Views 0 comment Print

ACIT Vs Precision Realtors P. Ltd. (ITAT Delhi) A perusal of the sale deed show that the seller was the absolute owner and was in actual possession of the impugned property. Nowhere in the sale deed, there is a mention of encumbrance / encroachment in the impugned property. This fact has been completely ignored by […]

ITAT deletes addition for TDS payable at year end made to Income of Legal Firm

October 5, 2022 891 Views 0 comment Print

Anand And Anand appeal success against ACIT order. ITAT Delhi ruling on TDS provisions. Key legal insights by Anand Bhattacharya, tax expert.

No penalty on expenses disallowed on Notional/estimated basis

October 5, 2022 2835 Views 0 comment Print

Bhartiya City Developers Pvt. Ltd Vs Addl. CIT (ITAT Delhi) A conspectus of Explanation-1 to Section 271(1)(c) of the Act, makes it clear that the statute visualizes the assessment proceedings and penalty proceedings to be wholly distinct and independent of each other. While the Assessing Officer may be justified in making estimated disallowance in quantum […]

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