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Addition u/s 68 unsustainable as documents supporting genuineness of share capital submitted

August 19, 2022 957 Views 0 comment Print

Held that addition u/s 68 unsustainable as all the necessary documentary evidences in support of genuineness of share capital submitted by the assessee.

Depreciation u/s. 32 available on non-compete fees

August 19, 2022 2187 Views 0 comment Print

Held that non-compete fees, being an intangible asset, paid in accordance with the terms of the agreement is eligible for depreciation u/s 32

Addition u/s 68 sustainable on failure to establish genuineness and creditworthiness of lender

August 19, 2022 1716 Views 0 comment Print

Held that since the receiver has failed to establish the creditworthiness of the lender and genuineness of the transaction, addition u/s. 68 as unexplained cash credit sustainable.

Interest on delayed TDS payment not allowable as expense/deduction

August 19, 2022 3015 Views 0 comment Print

Interest on late payment of TDS u/s. 201(1A) is interest on income tax & such interest cannot be claimed as a deduction.

TDS credit allowable in the year in which income offered by assessee

August 19, 2022 2967 Views 0 comment Print

As per Section 199 r.w. Rule 37BA(3), credit for TDS shall be allowed by AO in the year when the income has been offered by the assessee.

AO cannot scrutinize income tax return without issuing Section 143(2) Notice

August 19, 2022 2601 Views 0 comment Print

AO get jurisdiction over return of income only upon service of section 143(2) notice, meaning thereby so AO cannot scrutinize return of income

Section 54: Land value includible in cost of new residential house

August 19, 2022 7512 Views 0 comment Print

Section 54 Cost of new residential house includes cost of land construction materials labour & other cost of construction of residential house

Section 2(22)(e) addition not justified for business expenses of company 

August 18, 2022 1494 Views 1 comment Print

It is an admitted position that the alleged expenses incurred by the Assessee were business expenses of the company and therefore no personal benefit accrues to the Assessee as alleged by the authorities below. Hence, this Section 2(22)(e) of Income Tax Act, 1961 cannot be invoked by alleging that Assessee had benefitted.

No addition if no change in Stock Valuation method despite valuation at average cost

August 18, 2022 804 Views 0 comment Print

ACIT Vs Smt. Shobhakaver Surana (ITAT Chennai) It could very well be seen that the assessee is a trading concern. It has maintained category-wise stock details which has been valued at average cost. The assessee is subjected to Tax Audit which contain quantitative details and well valuation of stock under each category. There is no evidence […]

Section 80P deduction allowable If delay in ITR filing condoned by PCIT

August 18, 2022 5319 Views 0 comment Print

ITAT Bangalore remits Amasebail’s Sec. 80P claim to AO based on delay condonation application. Key considerations for deduction eligibility discussed.

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