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Share application money – ITAT quashes Section 263 Revision proceedings

June 22, 2022 732 Views 0 comment Print

Armajaro Trading India (P) Limited Vs ITO (ITAT Cochin) In the instant case, one of the reasons for limited scrutiny was for the purpose of examining whether the share application money received by the assessee was genuine and was from disclosed sources. It is seen that the assessee had shown an amount of Rs.2,55,94,110 as […]

ITAT explains impact on taxability when treaty not contains FTS clause

June 22, 2022 6783 Views 0 comment Print

DCIT Vs Michelin ROH Co. Ltd. (ITAT Delhi) Brief facts of the case are that the assessee has a company incorporated in Thailand and offers a number of services, such as, business planning and coordination, engineering services, product research and development etc. to its Indian subsidiary. On offering these engineering services, the assessee obtained a […]

ITAT upheld penalty on amount accumulated by Trust but not utilised & disclosed in ITR

June 22, 2022 438 Views 0 comment Print

Association of Indian Forging Industry Vs ITO (ITAT Pune) Association of Indian Forging Industry (hereinafter referred to as appellant) is a not-for-profit company incorporated u/s 25 of the Companies Act, 1956 and is also registered u/s 12A of the I.T. Act 1961, therefore eligible for exemption u/s 11 of the Act. As per the memorandum […]

Amendment to Section 36(1)(Va) vide Finance Act, 2021 is Prospective

June 22, 2022 2886 Views 0 comment Print

Nakoda Ispat Ltd. Vs DCIT (ITAT Raipur) Admittedly and undisputedly, the employees’s contribution to ESI and PF which have been collected by the assessee from its employees have thus been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Till this provision is enacted in as the […]

Currency derivative transactions are not speculative transaction- Section 43(5)

June 22, 2022 6813 Views 0 comment Print

Trading of currency derivatives are covered by definition of ‘derivatives’ and excluded from the ambits of speculative transactions defined under Section 43(5) of Income Tax Act, 1961.

Product Development Charges – Revenue or Capital Expense?

June 22, 2022 1479 Views 0 comment Print

ACIT Vs Rinder India Pvt. Ltd (ITAT Pune) We note that the assessee company is engaged in the business of manufacturing of automobiles signaling lights and other electrical items. The assessee filed its return of income declaring a total income of Rs.2,56,73,220/- and the AO determined the same at Rs.4,31,12,090/- inter alia making disallowance of […]

No Section 40(a)(ia) disallowance if recipient included receipts in his return of income

June 22, 2022 696 Views 0 comment Print

Assessee claimed that recipient has included the receipts in their return of income in regard to these expenses on which assessee has not deducted TDS

ITAT directs AO to allow TDS credit on freight receipts appearing in form 26AS

June 22, 2022 783 Views 0 comment Print

HP Ex Servicemen Corporation Vs ACIT (ITAT Chandigarh) Issue– Ld. CIT(A) not granted the credit of TDS of Rs. 1,90,76,546/- (duly reflected in Form no. 26AS) by stating that the assessee had not offered the freight receipts as income for the relevant year under consideration ignoring the fact that the assessee had shown the net […]

Addition for unsecured loan justified for failure to provide supporting evidences

June 22, 2022 1380 Views 0 comment Print

The assessee was required to prove identity of creditors, genuineness of transaction and creditworthiness of creditors. The assessee grossly failed to do so. Therefore, in the absence of the supporting evidences regarding claim of unsecured loans, we do not see any infirmity in the finding of authorities below.

No section 43B disallowance can be made for bank interest not claimed in P&L A/c

June 22, 2022 3414 Views 0 comment Print

ITO Vs Laxmipat Surana (ITAT Kolkata) The revenue’s grievance is that the Ld. CIT(A) erred in deleting the disallowance made u/s. 43B of the Act for unpaid bank interest on secured loans of Rs. 3,55,54,116/-. We find that so far as amount of bank interest payable on the secured loans is concerned, there is no […]

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