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LTCG on Paper Company Shares: ITAT Upheld Disallowance

June 16, 2022 909 Views 0 comment Print

Sanjeev Kumar Agarwal (HUF) Vs ITO (ITAT Delhi) It was noticed by the AO that as per computation of income submitted by the assessee, income from LTCG of Rs.22,76,598/-had been claimed out of the sale of shares of Eco Friendly Food Processing Park Ltd. The AO called upon the assessee to substantiate the claim and […]

Mark-2-Market loss on foreign exchange derivative allowed

June 16, 2022 2394 Views 0 comment Print

Held that M2M loss on SWAP contract was allowable where loans were converted into foreign currency loan to take benefit of low interest rate and loss recognized on account of foreign exchange fluctuation as per notified Accounting Standard 11 was an accrued and subsisting liability and not merely a contingent or hypothetical liability.

Bought note purchase vis-à-vis applicability of section 40A(3)

June 16, 2022 4881 Views 0 comment Print

Held that as per the identical issue of disallowance of bought note purchases in cash u/s. 40A(3) of the Act for the assessment year 2017-18 and after considering relevant facts, we set aside the issue to the file of the Assessing Officer for further verification.

FBT not leviable on mere provision for Approved Superannuation Fund

June 16, 2022 708 Views 0 comment Print

Jyoti Ltd. Vs DCIT (ITAT Ahmedabad) Solitary issue involved therein relates to the addition by Assessing Officer and confirmed by the learned CIT(A) being provision towards contribution to Approved Superannuation Fund for the purpose of determining liability of the assessee on account of Fringe Benefit Tax. FULL TEXT OF THE ORDER OF ITAT AHMEDABAD This […]

Interest on interest free loan to director for non-business purpose disallowable

June 16, 2022 2001 Views 0 comment Print

Kamal Translifters Vs ACIT (ITAT Ahmedabad) Though the assessee’s claim that payment made to the Director, was for business expediency, but the assessee could not prove before us the nexus between the assessee-company with its subsidiary company in the nature of trade and business. Furthermore, Shri Kamal Deshraj Dogra being director of both the companies, […]

Belated ITR filing due to technical issues – Carry-forward of losses allowed

June 16, 2022 2424 Views 0 comment Print

Tenovia Solutions Pvt. Ltd. Vs ADIT (ITAT Chennai) The assessee suffered business-loss during the year and claimed carry-forward of losses for Rs.57,69,223/-. However, CPC has reduced the same to Rs.63,849/-. This was due to the fact that the last date of filing return of income was 31.10.2019. However, the return was filed 12 minutes and […]

Cash system of accounting- TDS credit allowable in year in which Receipts Are Offered to Tax

June 16, 2022 3918 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) During appellate proceedings, the assessee submitted that the receipts have been offered on cash basis and therefore, TDS credit would be available as per Sec.199 of the Act i.e., in the year in which the respective receipts are offered to tax. In support, the assessee also filed […]

Section 68 additions merely for minimum income declared by parties not sustainable

June 16, 2022 960 Views 0 comment Print

AO cannot make additions only on the basis of minimum income declared by the parties, because the income earned by person cannot decide quantum of loan that a person can give

Freebies to Doctors- CBDT circular not applies to gift to traders & distributors

June 16, 2022 2088 Views 0 comment Print

DCIT Vs Medi Sales India Pvt. Ltd. (ITAT Chennai) Issue– Disallowance by the AO by not allowing assessee’s claim holding that the CBDT Circular No. 5/2012 dated 01.08.2012 applies only to pharmaceutical manufacturers and not to distributors like the assessee. Upon careful consideration of material facts, it could be gathered that the assessee merely acts […]

Amendment to 6th proviso to section 139(1) applicable w.e.f. AY 2020-21

June 16, 2022 3594 Views 0 comment Print

Smt. Ashaba Rajendrasinh Vs CIT (ITAT Rajkot) Ld. CIT(A) while rejecting the claim of the assessee observed that the assessee was mandatorily required to file the return of income for the year under consideration which he has failed to do. In that view of the matter the claim of deduction under section 54 has been […]

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