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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

No addition for bogus purchase on borrowed satisfaction from VAT Dept. without proper examination

August 4, 2022 2085 Views 0 comment Print

Addition of bogus purchase by AO was not justified on borrowed satisfaction from the Value added tax (VAT) department without proper cross-verification.

No Income Tax on Compensation for Compulsory land Acquisition by Govt

August 4, 2022 112935 Views 1 comment Print

ITO Vs Suresh Prasad (ITAT Patna) CBDT vide Circular No. 36/2016 dt. 25/10/2016 clarified that the compensation received in respect of award or agreement which has been exempt from levy of Income Tax vide section 96 of the RFCTLARR Act shall also not be taxable under the provisions of Income Tax Act, 1961 even if […]

Telephone expense cannot be disallowed merely for increase in expenditure

August 4, 2022 1215 Views 0 comment Print

Bigfoot Retail Solution Pvt. Ltd. Vs ACIT (ITAT Delhi) It is observed that the assessee submitted before the Ld. AO/CIT(A) that all telephones are either installed at office premises or used by officers and the employees of the assessee company and that usage of telephone/internet is done by employees for official purposes only. It was […]

Taxability of Software License – ITAT remits matter back to AO

August 4, 2022 381 Views 0 comment Print

EY Global Services Ltd Vs ACIT (ITAT Delhi) These are appeals by the assessee against the respective orders of the ld. CIT (Appeals) for the concerned assessment years. 2. Since issues are common and connected and the appeals were heard together, these are being disposed off by this common order. 3. Since grounds are common […]

Actual write off not hit by clause (i) of Explanation to Section 115JB

August 3, 2022 2160 Views 0 comment Print

Corrtech Energy Ltd. Vs DCIT (ITAT Ahmedabad) The learned Counsel for the assessee, at the outset, has submitted that none of the provision for doubtful debts and provision for diminution in the value of investment made by the assessee-company is for any liability. He has contended that the same in fact were not provisions made […]

Addition u/s 68 sustained as onus to prove identity & creditworthiness of creditors not discharged

August 3, 2022 1614 Views 0 comment Print

Held that assessee failed to explain identity and creditworthiness of the creditors and genuineness of the transaction. Accordingly, addition u/s 68 sustained.

Cenvat credit eligible on input services used for construction of property which is further let out

August 3, 2022 3270 Views 0 comment Print

Held that we are inclined to allow the Cenvat Credit of input services for construction of immovable property, which is further let out to various customers.

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