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ITAT deletes addition for New Electricity Connection charges

August 4, 2022 4758 Views 0 comment Print

Allen Career Institute Vs JCIT (ITAT Jaipur) Disallowance of Rs.2,01,515/- on account of New Electricity Connection charges. In Ground of Appeal disallowance of Rs. 2,01,515/- made relating to the claim on account of electric connection charges, is agitated. The AO noted that the assessee had claimed expenditure of Rs.2,37,076/- for new electricity connection charges. When […]

Order issued manually without DIN is invalid

August 4, 2022 7278 Views 1 comment Print

Held that impugned order without any DIN is in violation of CBDT circular no. 19/2019 dated 14.08.2019 and hence held as invalid.

Adoption of arms length price as NIL is untenable

August 4, 2022 1341 Views 0 comment Print

Held that treating value of international transaction as NIL without searching for transaction between non-associated enterprises is unsustainable in law

Sale of shares held as investment is to be treated as capital gain

August 4, 2022 1947 Views 0 comment Print

Held that the sale of SIL shares held by the assessee as investment is to be treated as short term capital gain and not as business income.

Payment for Scrap cannot be disallowed for mere non-matching with Form 26AS

August 4, 2022 693 Views 0 comment Print

Jai Balaji Industries Limited vs DCIT (ITAT Kolkata) The assessee has pointed out that it has made advance payment of Rs.9,39,708/- to Tata Metaliks DI Pipes Limited for purchase of scrap materials. This claim of the assessee has been rejected by the Revenue Authorities on the ground that this exact amount is not discernable from […]

No Section 54F exemption on House purchased by Wife from her fund

August 4, 2022 1668 Views 0 comment Print

Dilip B. Mundada Vs DCIT (ITAT Pune) Jurisdictional High Court and other Hon’ble High Courts and ITAT Pune have held that for availing the benefit of deduction u/s 54F the new asset shall be purchased in the name of the assessee. Applying the said proposition of law to the present case, we hold that the […]

Tax not payable on IT support service as Fees for Technical service

August 4, 2022 2700 Views 0 comment Print

Held that receipt of IT support service doesnt become FTS as assessee did not make available any technical knowhow, experience or skill to its customers. The same is not chargeable to tax

Income Tax dues falls within the definition of operational debts

August 4, 2022 1059 Views 0 comment Print

ACIT Vs Monnet Ispat & Energy Ltd (ITAT Delhi) As per section 5 (21) of the IBC the dues to the Central Government also fall within the definition of operational debts and in terms of resolution plan as approved by the NCLT of the claims or demands or liabilities or obligations owned or payable to […]

Section 271AAB penalty not imposable if no Search Conducted on Assessee

August 4, 2022 1128 Views 0 comment Print

A perusal of Section 271AAB would reveal that it is applicable where search has been initiated under section 132 of Income Tax Act

Income Tax Claims not part of Resolution Plan stands extinguished on Approval of Resolution Plan

August 4, 2022 831 Views 0 comment Print

On approval of resolution plan by all claims of Income Tax, which are not a part of resolution plan, shall stand extinguished

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