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Legal Expenses to Defend Criminal Charges against Directors Allowable

May 14, 2022 1734 Views 0 comment Print

Majestic Infracon Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT held that expenses incurred even for defending the directors and their relatives in criminal litigations are admissible expenses provided that are incurred in order to protect the business interest of the assessee. The undisputed facts are that the directors of the assessee company and the other […]

ITAT allows one more opportunity to appellant under liquidation to substantiate its case before CIT(A)

May 14, 2022 612 Views 0 comment Print

Integrated Finance Company Limited Vs ACIT (ITAT Chennai) The ld. Counsel for the assessee has submitted that the assessee company, being under liquidation, was under strenuous pressure of running behind the Hon’ble High Court and public depositors as well as bond holders for consolidation and recover the dues with lack of sufficient staff and thereby […]

Quantum appeal cannot be dismissed for Opting of VSVS against Penalty order

May 14, 2022 801 Views 0 comment Print

Poosabban Thangaraju Vs ITO (ITAT Chennai) On perusal of the Form 5 dated 25.03.2021 issued under VSVS by the Designated Authority for both the assessment years, we find that the Form 5 has been issued for full and final payment of ₹.6,250/- as taxes in terms of VSVS order under section 5(2) dated 05.02.2021 pertains […]

Income Tax proceedings cannot continue against corporate debtor during pendency of insolvency proceedings

May 13, 2022 828 Views 0 comment Print

We find that in view of Section 14 of IBC 2016 no proceedings can continue against the corporate debtor during the pendency of insolvency proceedings.

Legal fees on business activity, which was ultimately abandoned allowable as revenue expense

May 13, 2022 996 Views 0 comment Print

Esteem Finventures Limited (Now Kapedome Enterprises Limited)  Vs ACIT (ITAT Delhi) ITAT is of considered opinion that the ld. CIT(A) has confirmed the addition by stretching too far the rules of prudence. The Ld. AO himself observed in the order that the services engaged were from top most legal professionals. If that was the view […]

ITAT deletes TP Adjustment as TPO adopts Wrong GP Margin of Comparable Company

May 13, 2022 594 Views 0 comment Print

B. Braun Medical (India) Private Limited Vs DCIT (ITAT Mumbai) ITAT deletes Transfer Pricing (TP) Adjustment as TPO adopts Wrong Gross Profit (GP) Margin of Comparable Company The assessee raised an additional ground before the Ld. DRP stating that the gross profit margin of ADS Diagnostics Ltd., had been wrongly worked out by the Ld. […]

ITAT deletes addition for difference in 26AS & book & surprised with addition by choose & pick

May 13, 2022 24726 Views 1 comment Print

Jeen Mata Buildcon Pvt. Ltd. Vs ITO (ITAT Jaipur) The ld. AR of the assessee argued that merely there is a difference in the 26AS and the books results, there cannot be an addition to returned income the books of account of the assessee duly audited. AO has not found any single defect in the […]

TPO/AO cannot apply wrong method in absence of audited financials of AE

May 12, 2022 996 Views 0 comment Print

TPO/AO cannot apply wrong method in the absence of material ie: audited financials of AE. More so, TPO/AO cannot even give the benefit as well to assessee for non co­operation for providing the audited financials of AE.

Section 69A Additions for mere non-cooperation with dept not justified

May 11, 2022 2133 Views 0 comment Print

Revenue cannot make the additions under Section 69A for the reason that assessee has not cooperated with the department.

Deduction for disputed service tax demand eligible in year of payment

May 11, 2022 2877 Views 0 comment Print

Corrtech International Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) The Assessing Officer disallowed the claim of Service Tax on the ground that the said demand was related to earlier years and the said Service Tax liability of the assessee or the recipient was on that point of time disputed by the parties. The Assessing Officer has […]

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