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No liability to pay Service Tax Until receipt of Consideration

June 24, 2022 1119 Views 0 comment Print

Explore the ITAT Chennai ruling in Col. D. Pradeep Kumar vs. DCIT regarding the disallowance of Service Tax under section 43B. ITAT directs the AO to verify and limit the disallowance

ITA allows withdrawal of appeal as appellant decide to avail benefit of VSV Scheme

June 24, 2022 750 Views 0 comment Print

The assessee has reqeusted to withdraw the appeal on the ground that with the introduction of Vivad Se Vishwas Scheme, the appellant has decided to avail the Scheme with respect to the said appeal and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme.

Lease Rental cannot be allowed on container shown in books as assets, depreciation allowed

June 24, 2022 585 Views 0 comment Print

Explore the ITAT Chennai decision in Tristar Container Services case. Analysis of lease rental disallowance, treatment of containers as assets, and alternative depreciation claim.

ITAT Deletes Addition for failure of Revenue to Provide Cross-Examination of Witness

June 24, 2022 726 Views 0 comment Print

Explore the ITAT Delhi ruling in Garg Acrylics Ltd case. Detailed analysis of alleged bogus purchases, challenges to statement validity, and successful reversal of unjustified additions.

ITAT deletes arbitrary & highly immaterial addition for undervaluation of stock

June 24, 2022 1071 Views 0 comment Print

Explore the ITAT Ahmedabad ruling in Chirai Salt (India) Pvt. Ltd case. In-depth analysis of the stock undervaluation dispute, challenges to methods, and successful deletion of additions.

CIT cannot invoke revisionary powers to impose his own understanding of extent of inquiry

June 24, 2022 603 Views 0 comment Print

The issue in the present case relates whether the assessment order has been passed by Ld. AO without making inquiries or verification with respect to the deduction/exemption claimed under section 54 of the Act as discussed above and hence the assessment is erroneous insofar prejudicial to the interest of the Revenue and thus requiring revision by Pr. CIT u/s 263 of the Act.

No Section 40(a)(ia) disallowance when TDS been deducted & paid before due date of filing of return

June 24, 2022 945 Views 0 comment Print

Read about the ITAT Ahmedabad’s ruling in ITO vs. Yagnesh Dayabhai Vyas, where disallowance under Section 40(a)(ia) was deemed unjust when TDS was duly deducted and paid before the return filing deadline.

ITAT remanded back penalty proceedings to AO for denovo adjudication as quantum was also referred back to him

June 24, 2022 1407 Views 0 comment Print

Explore the ITAT Mumbai decision in Abacus International Pte Ltd. vs. DDIT, where notional interest income on interest-free loans was assessed and its impact on penalty u/s. 271(1)(c).

Depreciation allowed as plant & machinery on AC, telephone, office equipment

June 24, 2022 34713 Views 0 comment Print

There is no condition in section 32 that depreciation on plant and machinery is allowable only if they are used in the factory for manufacturing/production process. Assets like air conditioners, telephones, Samsung tab, office equipments and canteen equipments are in the nature of plant and machinery. Depreciation under section 32 is allowed.

Cash deposited before issue of D.D. – Section 68 addition upheld

June 24, 2022 1137 Views 0 comment Print

Explore the U Toll Corporation Ltd vs ACIT case (ITAT Varanasi) on unsecured loans. Analysis of loan discrepancies, cash deposits, and the ITAT decision.

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