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Existing product up-gradation expense allowable as revenue expense

June 16, 2022 405 Views 0 comment Print

Expenditure incurred on existing business incurred in connection with existing business, Updating existing products allowed as revenue expenditure.

ITAT disallows foreign travel expenses with no direct nexus with business

June 16, 2022 1071 Views 0 comment Print

RKKR Holdings Pvt. Ltd. Vs ITO (ITAT Chennai) There is no dispute with regard to the fact that two Directors of the assessee company have travelled to USA, London and Singapore. Although, there is no direct nexus between the foreign travel expenses incurred by the assessee and business receipts from those destinations, but fact remains […]

Section 271B penalty deleted for delay in Tax Audit Due to Ongoing Assessment under other Laws

June 16, 2022 1236 Views 0 comment Print

Erumapalayam Primary Agricultural Co-Op Credit Society Vs ITO (ITAT Chennai) The Ld. AR pleaded that there was sufficient cause for delay in the audit since the assessee being cooperative society, it was governed by the Tamil Nadu Cooperative Societies Act, 1983 and the relevant rules 1988. For the relevant AY, the accounts of the society […]

No deferred revenue expenditure claim allowable unless specifically provided

June 16, 2022 4056 Views 1 comment Print

Expense incurred on temporary partition is a revenue expense eligible for depreciation in the respective year if the asset is put to use for business. The amount has been incurred towards temporary structure during the previous year. No deferred revenue expenditure claim is allowable unless specifically provided under the Act.

Depreciation eligible on goodwill arisen pursuant to business acquisition

June 16, 2022 654 Views 0 comment Print

ITAT held that depreciation eligible on goodwill which has arisen pursuant to business acquisition made by the assessee

No Section 143(1) Adjustment on debatable issues without intimation to assessee

June 16, 2022 5028 Views 0 comment Print

The first proviso to section 143(1)(a) make it very clear that no such adjustment shall be made unless an intimation is given to the assessee of such adjustment either in writing or in  electronic mode.

Human interaction is a necessary factor for applicability of section 194J

June 16, 2022 831 Views 0 comment Print

Tribunal held that human interaction is a necessary factor for the applicability of section 194J and in present case Assessee has to intervene and coordinate and liaise with Government Authorities for allotment of land by Government. Hence, provisions of section 194C is not applicable.

Building rent cannot be treated as Business Income if Assessee not in Leasing Business

June 16, 2022 2025 Views 0 comment Print

Gowtham Residential Junior College Vs ACIT (ITAT Visakhapatnam) The Ld.DR submitted that the assessee has declared income by way of rent received to the tune of Rs.2,06,66,410/- and treated the same as business income for the current year. The assessee has claimed expenses to the tune of Rs.88,51,069/- involving bank charges, repairs and maintenance, interest […]

Assessee entitled to claim depreciation on goodwill: ITAT Pune

June 16, 2022 756 Views 0 comment Print

Asessee claimed depreciation/amortization on Goodwill on the ground that it is a right in the nature of know-how, patents, copyrights, trademarks, licenses, franchises or any other business or commercial rights of similar nature being intangible assets.

Interest on drawings by partners for Non-Business Purposes is disallowable

June 16, 2022 3426 Views 0 comment Print

Progressive Poultry Farm Vs ITO (ITAT Visakhapatnam) As per provision of 36(1)(iii) of the Income Tax Act, 1961, if any amounts are used for non-business purposes by the assessee, the same are to be disallowed. Since in this case, the partners have made drawings from the assessee firm and used for non business purposes, the […]

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