Garg Acrylics Ltd. Vs Addl. CIT (ITAT Delhi) It is the case of the assessee that reference made to the TPO in the instant case without fulfilling the conditions of threshold of Rs.5 crore monetary limit is without the sanction of law in view of the Section 92BA of the Act. This being so, the […]
ITAT held that Referral commission paid to doctors in Violation of the professional conduct is Not allowable as Business Expenditure.
Mr. Mohan Sambhaji Jagthap Vs ACIT (ITAT Delhi) Appreciating the material on record it can be observed that the Tax Authorities have not doubted the assertion of the Assessee that the father in law was resident of Canada or he held land. When this fact is admitted, the Revenue needed to conduct some enquiry and […]
Sumo Advertises Pvt. Ltd. Vs ACIT (ITAT Delhi) A perusal of the assessment order reveals that during the course of the assessment proceedings, the Id. AO asked the appellant to establish the credits appearing in its books of account. However, no details were filed by the latter. As per the provisions of section 68, the […]
Mere making of a claim, which is not sustainable in law, would not, ipso facto, amount to concealment of income or furnishing of inaccurate particulars of Income
Provisions of Section 194C are not applicable on payments to agencies like HUDA on behalf of the State Government. The imposition of penalty under Section 271C was consequently found to be unsustainable in the absence of default of Section 194C of the Act.
Sunil M. Bhide Vs Addl. CIT (ITAT Pune) It is seen from the penalty order that the assessee pleaded before the AO that he started construction of a commercial building on his plot. The construction work was halted because of paucity of funds. The said plot of land along with part construction was leased out […]
DSOB Class of 64 Charitable Trust Vs DCIT (ITAT Delhi) Learned counsel submitted that the addition was made on account of non-furnishing of the audit report in form 10B through electronic mode. Learned counsel submitted that the learned CIT(Appeals) has noted the fact that return of income was filed on 31.08.2018 and the audit report […]
Further, there is lack of communication between the tax advisors and the Board of Directors due to which the appeal could not be filed before this Tribunal within stipulated time. He stated that this appeal was filed with a delay of 423 days when a call received from the office of Tax Recovery Officer regarding tax arrears and made enquiries with tax counsel, came to know that the appeal against the order of CIT(A) is required to be filed.
Balram Shitaldas Ahuja Vs ITO (ITAT Pune) The assessee’s sole substantive grievance contested during the course of hearing challenges correctness of both the lower authorities action disallowing its mortgage expenditure of Rs.55 lakhs as cost of acquisition with the corresponding indexation. Distinction between the mortgage created by the previous owner which is discharged by the […]
