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Expense on Benami Liquor License Fees not allowed

August 27, 2022 1824 Views 0 comment Print

Liquor license fee paid by assessee who is not license holder cannot be treated as eligible expenses & not allowable

ITAT allows Exemption on pharmacy income of Charitable hospital

August 27, 2022 2334 Views 0 comment Print

Activity of Chemist / Pharmacy is incidental or ancillary to dominant object or purpose for running a hospital & Tax Exemption allowable.

ITAT taxed cash deposit in Undisclosed bank account at presumptive tax @ 8%

August 27, 2022 3063 Views 0 comment Print

Ashim Kumar Mahanta Vs ITO (ITAT Kolkata) The undisputed fact is that in this case Rs.27,68,700/- has been found deposited in the joint account of assessee as well as his wife in the savings bank account of Axis Bank. When confronted by the AO after reopening the assessment, according to the assessee, this amount was […]

Penalty u/s 271(1)(c) not leviable on committing bona fide mistake

August 26, 2022 3051 Views 0 comment Print

Held that the mistake in not adding back the loss on sale of fixed assets in computation of income was a bona fide mistake inadvertently. Accordingly, penalty u/s 271(1)(c) not imposed.

Late fee u/s 234E for delay filing of TDS return not leviable prior to 01.06.2015

August 26, 2022 7716 Views 0 comment Print

Held that late fee u/s 234E for delayed filing of return of TDS not leviable while processing a return of TDS for the assessment years prior to 1.6.2015.

Appeal not maintainable on Failure of Resolution Professional to Amend Form No. 36A

August 26, 2022 570 Views 0 comment Print

DCIT Vs Housing Development & Infrastructure Ltd (ITAT Mumbai) Coordinate bench in the case of in the case of Orbit Corp Ltd. in ITA No. 2979 to 2981 /Mum/2020 , has held that the resolution professional was required to amend Form No. 36A for further prosecuting the appeal and in absence of which appeals were […]

Sections 2(22)(e) not applies to loans from sister concern on commercial basis

August 26, 2022 2559 Views 0 comment Print

Assessee firm has obtained loans from the sister concern on commercial basis. On facts it has emerged that the lender company has charged interest on advances made to assessee firm. The assessee has taken plea that the advances made by the lender company to the borrower assessee firm is not a loan/advance but is beset with the character of quid pro quo owing to charge of interest for the benefit of lender company.

Income Tax Appeal not Maintainable during IBC Proceedings

August 26, 2022 1269 Views 0 comment Print

Gayatri Projects Limited Vs DCIT (ITAT Hyderabad) A reading of provisions under section 13 and 14 of IBC Code along with decision in Ghanashyam Mishra And Sons, clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of the pending proceedings […]

ITAT deletes section 271C penalty in respect of EDC Amount paid to HUDA

August 26, 2022 891 Views 0 comment Print

In this case, AO pass order levying penalty amounting to Rs.6,62,100/- u/s 271C of Income Tax Act (being 2% of the EDC amount paid to HUDA).

Prohibition on institution of suits or continuation of pending suits after declaration of moratorium under IBC

August 26, 2022 1929 Views 0 comment Print

Deccan Chronicle Holdings Limited Vs ACIT (ITAT Hyderabad) Under section 13 of the Code, the adjudicating authority after admission of the application under section 7 or 9 or 10 of the IBC Code shall declare a moratorium which shall include the prohibition of the institution of suits or continuation of pending suits or proceedings against […]

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