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Earlier year decision is not binding on assessee or department in subsequent year

August 13, 2022 2793 Views 0 comment Print

Held that principle of res judicata is not applicable to decision of revenue authorities and, therefore, decisions given in an assessment for an earlier year are not binding either on assessee or on department in a subsequent year.

Purchase from related party is not considered as specified domestic transaction u/s 92BA

August 13, 2022 2526 Views 0 comment Print

Held that a domestic transaction of purchase from the related party is not required to be considered as a specified domestic transaction under section 92BA.

Forex derivative transaction for hedging the foreign currency risk is not speculative transaction

August 13, 2022 2379 Views 0 comment Print

Held that the assessee entered into forex derivative transaction with the ICICI Bank to hedge the foreign currency risk involved in the transaction. Thus, expenses claimed were revenue in nature as the derivative transaction entered into by the assesse was not in the nature of speculative transaction.

Life membership/ entrance fees is capital receipt

August 13, 2022 8484 Views 0 comment Print

Held that fees like entrance fees as well as life membership are part of the corpus fund and accordingly are in the nature of capital receipt.

Assessee entitled to credit of TDS appearing in Form 26AS & such credit cannot be denied without opportunity of hearing to assessee

August 13, 2022 1434 Views 0 comment Print

Baid Trade Fina Pvt. Ltd. Vs ITO (ITAT Kolkata) Facts in brief are that the assessee filed its return of income on 26.09.2010 claiming TDS of Rs. 79,028/- as per Form 26AS, however in the intimation/order dated 25.04.2011 u/s 143(1) of the Act, the assessee was not granted the credit of TDS without assigning any […]

No prohibition in law on deposit of cash in piece-meals during demonetization

August 13, 2022 1869 Views 0 comment Print

If an assessee has cash available prior to demonetization and if he opted to deposit the same multiple times, there is no prohibition in law for such deposits.

Land cannot be treated as agricultural if Sale Deed demonstrate the same as industrial land

August 13, 2022 5340 Views 0 comment Print

Phool Singh Vs ITO (ITAT Delhi) ITAT do not find any merit into the objection of the assessee that the land in question being agricultural land cannot be treated as capital asset. The sale-deed itself goes to demonstrate that what was being transferred was an industrial land. Therefore, there is no ambiguity on these facts. […]

Only IRP can file Appeal against Assessment Order after declaration of Moratorium

August 13, 2022 1140 Views 0 comment Print

Krishna Knitwear Technology Ltd. Vs DCIT (ITAT Mumbai) ITAT held that since proceedings under I&B code have already been initiated/decided and moratorium has been declared by prohibiting all the proceedings against the corporate debtors including execution of any judgment, decree or order of any court of law, tribunal, arbitration panel or other authority, present appeals […]

No section 271F penalty for delay in Filing Income Tax Return under Bona Fide Belief of No Taxable Income

August 13, 2022 9576 Views 0 comment Print

Assessee has shown reasonable cause for not filing the return of income before due date of return. ITAT direct AO to delete penalty levied under Section 271F

ITAT Indore condones Delay of 3 years and 276 days

August 13, 2022 687 Views 0 comment Print

Bhopal Dugdh Sangh Sahakari Maryadit Vs DCIT (ITAT Indore) The registry has informed that the appeal has been filed after a delay of 3 years and 276 days. The Ld. AR submitted that the assessee is a co-operative society registered under the provisions of M.P. Co-operative Society Act, 1960, engaged in the production and distribution […]

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