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Addition of income not accruing/ arising from business connection in India not sustainable

July 26, 2022 1164 Views 0 comment Print

Held that there is no material/ evidence to say that the assessee was having any business connection in India. Addition unsustainable.

Section 271(1)(c) penalty not leviable if Penalty Notice is defective

July 26, 2022 999 Views 0 comment Print

It is held that the Penalty Notice is defective, therefore, the penalty levied under section 271(1)(c) of the Act, is not maintainable.

No penalty for Delay in Tax Audit report filing due to delay in Audit by Dept. of Co-op Audit

July 26, 2022 5898 Views 0 comment Print

T P D 101 Uthangarai Milk- Producers Co-operative Society Ltd. Vs ITO (ITAT Chennai) The assessee supposed to have been filed audit report as required u/s.44AB of the Act, on or before 31.10.2015. However, such audit report has been filed on 05.03.2016, which is before the date of completion of assessment proceedings u/s.143(3) of the […]

Weighted deduction allowable for capital expenses on R&D approved by DSIR

July 26, 2022 1278 Views 0 comment Print

ACIT Vs Ecocat India Pvt. Ltd. (ITAT Delhi) There is no quarrel on the proposition that the DSIR has approved the weighted deduction for capital expenses. Those expenses were in a sum of Rs. 2,97,57,596/- which is acknowledged in the assessment order by the AO. What has not been permitted u/s 35(2AB) of the Act […]

Section 56(2)(viib) or Rule 11UA not provides for rounding off of FMV of Shares

July 26, 2022 1824 Views 0 comment Print

Royal Accord Realtors Pvt. Ltd. Vs DCIT (ITAT Mumbai) In a taxing statute one has to look merely at what is clearly said in the section. There is no room for any intendment. There is no concept of equity in tax law. Nothing is to be read in, nothing is to be implied. One has […]

Section 80P(4) not applies to primary agricultural credit societies not entitled for banking license

July 26, 2022 2241 Views 0 comment Print

Sahyadri Vividdhodesha Areca Vs ITO (ITAT Bangalore) Held that object of section 80P(4) was to exclude co­operative banks that function at par with other commercial banks and noted that as primary agricultural credit societies are not entitled for obtaining a banking license would not be hit by this provision. Facts- Assessee is a society registered […]

Expenditure incurred by trust outside India cannot be considered as application of income

July 26, 2022 6582 Views 0 comment Print

Church’s Auxiliary For Social Action Vs ACIT (ITAT Delhi) In the case of India Brand Equity Foundation vs. Assistant Commissioner of Income Tax (E), Trust, Ward-II, New Delhi [(2012) 23 com 323 (Del)] it was held that amount spent outside India for participating in a fare held outside India cannot be treated as application of […]

NFAC should allow hearing via video conferencing under Faceless Appeals Scheme

July 26, 2022 4215 Views 0 comment Print

CIT(A), NFAC has erred in not granting an opportunity to the appellant bank to present the case through the video conferencing as specified under the Faceless Appeals Scheme 2020

Section 68 addition justified for Cash Deposits not Corroborated with Business Receipts or Cash Withdrawals

July 26, 2022 414 Views 0 comment Print

Sneh Developers Pvt. Ltd Vs DCIT (ITAT Delhi) As per the AO, the assessee has not filed return of income and hence notice u/s 148 of the Income Tax Act, 1961 has been issued owing to cash transactions exceeding Rs.10,00,000/-. The AO held that the assessee has not given any details with regard to the […]

Order under Section 234E of Income Tax Act is appealable: ITAT Pune

July 26, 2022 3738 Views 0 comment Print

As per section 246A of the Act, the assessee has a right to file an appeal before CIT(A) against the intimation under section 200A of Act.

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