Superintendent of Jails Vs ITO (ITAT Visakhapatnam) It is noted that the TDS quarterly returns were filed belatedly after 1/6/2015 ie., the date of insertion of section 200A by Finance Act, 2015 w.e.f 1/6/2015. Therefore, on merits, we have no hesitation to come to a conclusion that the late fees levied by the Ld.AO is […]
Prakash Mithalal Oswal Vs ITO (ITAT Pune) It is found that the reported income and the assessed income of the assessee remain same except for minor disallowance of expenses. The AO has imposed penalty only with reference to the amount of Rs.50.00 lakh and odd which was suo motu declared by the assessee in the […]
ITAT held that Assessee has vested right to claim Foreign Tax Credit (FTC) under the tax treaty, the same cannot be disallowed for mere delay in compliance of a procedural provision, that is ‘delay in filing Form No.67’.
Impugned Section 271(c) penalty has arisen in consequence to the lower authorities action disallowing the assessee’s section 54F deduction claim. And in assessee’s quantum appeal ITAT has already deleted the foregoing 54F disallowance and therefore, penalty in issue herein has no legs to stands as a necessary corollary.
It is settled position of law that merely because credit was outstanding for long time not lead to conclusion that sundry creditors are not payable
Madanthyar Primary Agricultural Credit Co-operative Society Vs DCIT (ITAT Bangalore) The notices in question were issued during the covid period and the Assessee’s contention that it could not respond to the notices in view of the pandemic situation has to be accepted as a reasonable cause. Facts- As there was delay in filing TDS statement, […]
ITO Vs Mohammedarif Ibrahimbhai Shaikh (ITAT Ahmedabad) Held that non-issuance of proper show cause can be fatal to the proceeding under the Income Tax Act. AO clearly failed in issuing the appropriate show-cause notice thereby clearly vitiated the principle of natural justice Facts- The assessee is engaged in the business of trading in and export […]
Turner Broadcasting System Asia Pacific Inc. Vs DCIT (ITAT Delhi) Conclusion: TDS credit can be claimed in the country in which the related income was offered to tax. Held: Assessee derived revenue from the grant of exclusive rights to Turner International India Private Limited (TIIPL’) in India to sell advertising on the products and to distribute […]
ACIT Vs Amardeep Singh Bedi (ITAT Delhi) No disallowance is called for, on belated payment of employees’ contribution to ESI and PF in case the assessee deposited the said contribution before due date for filing of return of income under Income Tax Act Facts- The appeal is preferred by the revenue against CIT(A) order deleting […]
Smt.Chandrakala Shashidhar Vs ITO (ITAT Bangalore) Held that assessee would be entitled to the benefit u/s 54F of the I.T.Act once it is demonstrated that the consideration received on transfer has been invested either in purchasing a residential house or in construction of a residential house even though the transactions are not complete in all […]
