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Export incentives deductible u/s 80IB(11A)

June 17, 2022 4476 Views 0 comment Print

Nekkanti Sea Foods Limited Vs PCIT (ITAT Visakhapatnam) That the export entitlements (MEIS) and the duty drawback of promotion scheme is an income asssessable under the head “profits or gains from business or profession” accordingly, eligible for deduction u/s 80IB(11A). Facts- The assessee is engaged in the business of export of frozen shrimp and other […]

Addition should be of Net profit/ income & not of gross profit

June 17, 2022 3567 Views 0 comment Print

It is the net profit and net income which has to be added and not the gross profit since indirect expenses are also incurred in the business.

No addition merely based on statement if no documentary evidence corroborating the statement

June 17, 2022 1629 Views 0 comment Print

Kundan Builders Vs ACIT (ITAT Pune) The assessee contended that the addition made by the AO basing on statement recorded u/s. 131 of the Act without there being any documentary evidence to such statement. The CIT(A) sought remand report from the AO which is reproduced at Page No. 11 and 12 of the impugned order. […]

In absence of contract between assessee & transporters, Section 194C TDS not applicable

June 17, 2022 870 Views 0 comment Print

Where AO made disallowance of transportation expenses claimed by assessee for non-deduction of tax at source under section 194C; in view of the fact that there was no contract between the assessee and transporters, the provisions of section 194C could not be invoked

Sec. 271(1)(c) Penalty imposed cannot survive if assessment order quashed

June 17, 2022 2907 Views 0 comment Print

Heritage Infracon Pvt. Ltd. Vs DCIT (ITAT Delhi) At the outset learned counsel for the assessee submitted that in quantum proceedings the Tribunal vide its order dated 4.12.2019 was pleased to delete the addition made by the Assessing Officer. Revenue has not disputed the fact that the assessment has been quashed by the Tribunal in […]

No Section 271(1)(c) penalty when quantum addition was set aside

June 17, 2022 3246 Views 0 comment Print

Tanya Automobiles Pvt. Ltd. Vs ACIT (ITAT Delhi) It was pointed out by the Ld. Counsel for the assessee that the quantum appeal arising out of assessment order has been decided vide ITA No. 1842/Del/2017 and the addition has been deleted. The fact could not be controverted by the Revenue. The Bench is of firm […]

Employees’ contribution to PF & ESI allowable if paid before due date of filing income Tax Return

June 17, 2022 2421 Views 0 comment Print

Methods (India) Pvt. Ltd. Vs DCIT (ITAT Bangalore) Karnataka High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT (supra)¸ had held that the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return […]

No penalty on income suo motu offered by assessee in his return of income

June 16, 2022 2790 Views 0 comment Print

ACIT Vs Swapnadeep Krushi Paryatan Kendra (ITAT Pune) The AO has imposed penalty only with reference to the amount of Rs.1.50 crore which was suo motu declared by the assessee in the return. In that view of the matter, the ratio laid down in MAK data Pvt. Ltd. (supra) has no application to the facts […]

CIT(A) justified in admitting additional evidences if AO not given sufficient opportunity to Assessee

June 16, 2022 1053 Views 0 comment Print

ACIT Vs Blind Peoples Association India (ITAT Ahmedabad)  The learned Counsel for the assessee has taken us through the relevant documents placed in the paper-book to point out that the proper and sufficient opportunity was not afforded by the Assessing Officer to the assessee during the course of assessment proceedings to furnish specifically the details […]

No suit can be continued against corporate debtor till conclusion of IBC 2016 proceedings

June 16, 2022 1095 Views 0 comment Print

Shrenuj & Co Limited Vs ACIT (ITAT Mumbai)  We found as per the provisions of Sec. 14 of IBC-2016 till the conclusion of proceedings under IBC-2016 no suit or proceedings can be continued against the corporate debtor. Considering the facts and circumstances, we are of the opinion that there is no point in proceeding with […]

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