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ITAT condones delay in appeal fling due to outbreak of COVID 

June 22, 2022 4335 Views 0 comment Print

Sri Sivajothi Spinning Mills Private Limited Vs DCIT (ITAT Chennai) ITAT heard both the sides, perused the materials available on record and gone through the orders of authorities below. The ld. CIT(A) (NFAC) has rejected the appeal filed by the assessee on the ground that the due date for filing the appeal was 30.03.2020 and […]

Expense cannot be denied under section 40(A)(2)(b) on surmises & conjectures

June 22, 2022 2262 Views 0 comment Print

Balani Infotech P. Ltd. Vs ACIT (ITAT Delhi) It is for an assessee as a businessman to come to a conclusion as to what remuneration of the salary is to be paid to the employees and the reasonableness of the expenses is to be judged from the angle of a businessman rather than from angle […]

Section 153C: Addition for Share Capital without Incriminating Material not sustainable

June 22, 2022 1587 Views 0 comment Print

DCIT Vs Apple Metal Industries Pvt Ltd (ITAT Delhi) Assessment for Assessment Year 2011-12 was completed after making addition on account of unverified share application money amounting to Rs. 8,70,71,936/- and in Assessment Year 2014-15, addition on account of unverified share capital amounting to Rs. 30,00,600/- was made. The impugned assessment order clearly shows that […]

Share application money – ITAT quashes Section 263 Revision proceedings

June 22, 2022 738 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

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