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Income Tax education cess is not allowable as deduction

May 17, 2022 6591 Views 0 comment Print

Education cess is an additional surcharge levied on income tax and hence it partakes the character of income tax and is not allowable as deduction.

Section 80IE Deduction eligible on VAT remission & Late Payment Interest

May 17, 2022 1917 Views 0 comment Print

ITAT held that interest earned on late payment from sundry debtors and VAT remission shown as miscellaneous income are eligible profit for deduction under section 80IE

Provisions for doubtful debt amounts to application of income for charitable purpose 

May 15, 2022 3450 Views 0 comment Print

DCIT Vs Flt Lt. Rajan Dhall Charitable Trust (ITAT Delhi) he issue in the present ground is with respect to the denial of claim of Rs.3.32 crores (rounded off) as application of income on account of provisions for doubtful debts. We find that CIT(A) after considering the submissions of the assessee has given a finding […]

No Section 271(1)(c) penalty for mere disallowance of depreciation

May 15, 2022 2034 Views 0 comment Print

ITAT held that mere disallowance of depreciation would not lead to imposition of penalty under Section 271(1)(c) , more particularly where quantum disallowance of depreciation itself is highly debatable

ITAT exonerate assessee incurring huge losses from section 271(1)(b) penalty

May 15, 2022 1053 Views 0 comment Print

No mala fide can be inferred where assessee is nursing such huge losses at its disposal. ITAT find that mitigating circumstances exists to exonerate assessee from clutches of penalty under Section 271(1)(b)

Reopening not allowable to disallow prior period expenses duly disclosed during original Assessment

May 15, 2022 1002 Views 0 comment Print

ITAT Delhi held that Reopening not allowable to disallow prior period expenses which were duly disclosed during original Assessment in Financial Statements and Tax Audit report

Difference in MRP & Sales price is not Commission to attract section 194H TDS

May 15, 2022 2811 Views 0 comment Print

Difference between MRP & price sold to Stockists, by no stretch of imagination, can be considered as commission or brokerage paid by assessee to its Stockists to attract section 194H TDS.

Govt subsidy to incentivize industries in backward areas to provide employment is capital in nature & not revenue

May 14, 2022 3318 Views 0 comment Print

Jindal Steel & Power Limited Vs Addl. CIT (ITAT Delhi) Facts in brief are that the assessing officer has, in the assessment order, while holding the impugned subsidy as revenue receipt, simultaneously reduced the same from cost of fixed assets, while applying provisions of Explanation 10 to section 43(1) of the Act resulting in double […]

Rule 11U(b) not mandate that Balance Sheet should be audited on valuation date

May 14, 2022 9201 Views 0 comment Print

Electra Paper and Board Pvt. Ltd. Vs ITO (ITAT Chandigarh) In the instant case undisputedly on the date of allotment of shares i.e. 31.3.2016, a balance-sheet was drawn by the assessee albeit the said balance sheet was unaudited on that date. The FMV of the shares was determined on the basis of said balance-sheet. The […]

No liability of TDS on GTA India for payment made to GTIL, UK towards membership fee

May 14, 2022 17859 Views 0 comment Print

Grant Thornton Advisory (P.) Ltd. Vs DCIT (ITAT Delhi) Conclusion: No TDS was to be deducted under section 195 on payment made by assessee to GTIL, UK towards membership and subscription fee as the relationship between GTIL, UK and its members would be governed by the principle of mutuality, hence, would not be taxable. Held: […]

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