Follow Us:

All ITAT

ITAT explains time period for passing of Section 154 Order

April 12, 2022 3327 Views 0 comment Print

ADM Agro Industries Latur & Vizag Pvt. Ltd Vs DCIT (ITAT Delhi) The grievance of the assessee is that impugned order passed by the A.O is illegal and barred by time. Section 154(7) of the Act prescribes the limitations for the passing order u/s 154 of the Act. For the sake of clarity, same is […]

Penalty cannot be imposed merely for decline of claim under bonafide belief by Assessee

April 12, 2022 2832 Views 0 comment Print

Lahmeyer Holding GambH Vs DDIT (ITAT Delhi) Assessee on the basis of bonafide belief to the effect, as the Assessee do not have PE in India qua projects on the basis of which income has been earned, therefore offered its income for tax on presumptive basis u/s 44BBB of the Act which prescribe the tax […]

Section 194A TDS not deductible on Interest  on Enhanced Compensation under LA Act 

April 10, 2022 6477 Views 0 comment Print

Land Acquisition Office Vs DCIT (TDS) (ITAT Delhi) The issue for consideration is whether the impugned interest received by the land owners on enhanced compensation is ‘income from other sources’ under section 56 of the Act attracting the TDS provision enshrined under section 194A of the Act. In the assessment proceedings for the assessment year […]

TDS not deductible on Payment to Facebook Ireland for Advertisement

April 10, 2022 9045 Views 0 comment Print

Addl. CIT Vs Lenskart Solution (P) Ltd. (ITAT Delhi) It was claimed by the Assessee that as the Assessee had made the payment to Facebook Ireland Inc. (FII), which admittedly did not have any permanent establishment (PE) in India and, therefore, the payments made to it for advertisement services were not chargeable to tax in […]

ITAT imposes Cost on Assessee for not cooperating during remand proceedings

April 10, 2022 801 Views 0 comment Print

Dot I Network Pvt. Ltd. Vs ITO (ITAT Bangalore) Ld. D.R. submitted that all these issues may be restored to the file of the Ld. CIT(A) for adjudicating the issues afresh. He also submitted that the assessee should also be directed to cooperate with the Ld. CIT(A), if remand report is called for by Ld. […]

Depreciation on non compete fee not allowable: ITAT Delhi

April 10, 2022 1161 Views 0 comment Print

Sagar Ratna Restaurants Pvt. Ltd. Vs ACIT (ITAT Delhi) It is evident, by virtue of an agreement entered in June 2011, assessee acquired a restaurant in the name and style of Sagar Ratna. As per the terms of the agreement, the transferor had transferred all its rights, copyrights, trademarks etc. in respect of the restaurant […]

Jurisdiction of AO not changes on mere surrendering of Section 12A registration (Young Indian Case)

April 10, 2022 2058 Views 0 comment Print

Merely because the assessee had filed a letter on 21.03.2016 surrendering its registration u/s 12A or giving its benefit of section 11, does not mean that from the date of the letter, the jurisdiction of the AO automatically got changed.

Panama Papers: Addition merely based on FT&TR Division information not sustainable

April 10, 2022 2100 Views 0 comment Print

DCIT Vs Satya Prakash Gupta (ITAT Delhi) We have heard the rival submissions, perused the relevant findings given in the impugned orders as well as material referred to before us during the course of hearing. We have already discussed the facts and material herein above, however in a succinct manner the facts and issues relevant for […]

Appeal not filed electronically – Cannot be dismissed on technical ground

April 10, 2022 1098 Views 0 comment Print

Shantilal S Jain, HUF Vs ITO (ITAT Mumbai) In this case CIT(A) has dismissed the appeal on technical ground as the assessee has not file the same electronically as per Rule 45 of the Income-tax Rule. It appears that only one notice was issued by the CIT(A) to the assessee and the status of the […]

Loan Received/paid in cash to meet immediate business requirements – ITAT cancels section 271D/271E penalty

April 10, 2022 1185 Views 0 comment Print

Balwan Singh Vs ACIT (ITAT Delhi) The assessee is engaged as a transporter and has not maintained any regular books of account. The assessment has been made on estimations, keeping in mind the transportation receipts earned by the assessee which also includes some of impugned entries towards cash receipts by way of loan. The assessee […]

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930