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Section 271C penalty not leviable for non-deduction of TDS on Provisions

March 29, 2022 5331 Views 0 comment Print

ACIT Vs Parsons Brinckershoff India Pvt. Ltd (ITAT Delhi) We find the JCIT in the instant case levied penalty of Rs.98,92,242/- u/s 271C on the ground that the assessee has not deducted TDS on certain expenses for which provision of Rs.9,92,66459/- was created in its books of account. We find the Ld. CIT(A) deleted the […]

Custom House Agent liable to deduct TDS on payments to CFS Agents

March 29, 2022 33546 Views 0 comment Print

Shanmugar Services Vs ITO (ITAT Chennai) As per the provisions of Sec.194C of the Act, any person responsible for making payment for any services needs to deduct TDS on such payment at the prescribed rate. From the plain reading of Sec.194C of the Act, it is abundantly clear that the person who makes payment is […]

Ressessment Invalid if no failure on the part of assessee to disclose fully & truly all material facts

March 29, 2022 1008 Views 0 comment Print

P. Divagar Vs ITO (ITAT Chennai) n the present case, the only issue for consideration is whether the reopening of assessment under section 147 of the Act is valid or not. For the sake of convenience, the reasons recorded and communicated to the assessee are reproduced as under: “The assessee filed his return of income […]

PF/ESI payment after respective statue due date but before ITR filing allowable

March 28, 2022 855 Views 0 comment Print

Superlite Jointings Private Ltd Vs Circle-2 (2) (ITAT Delhi) The sum and substances of the grievance in the captioned appeal pertains to the disallowance of PF and ESI payments on account of these payments being made beyond the due date specified under the specific parent legislation but before filing of the Income Tax Return. After […]

Assessment Order passed in the name of amalgamated entity is invalid

March 28, 2022 1644 Views 0 comment Print

Honda Cars India Ltd. Vs DCIT (ITAT Delhi) In this case In spite of intimation to the TPO and the Assessing Officer regarding the amalgamation of ‘Honda Motor India Pvt. Ltd.’ to ‘Honda Cars India Ltd.’, not only the order under section 92CA(3) of the Act was passed in the name of the amalgamated company, […]

No addition based on evidence which is not confronted to the assessee

March 28, 2022 7539 Views 0 comment Print

DCIT Vs Rashmi Float Glass Ltd. (ITAT Kolkata) We find that the only addition made is of share application received u/s 68 of the Act and addition of commission paid allegedly for the share application money and finally a disallowance u/s 14A of the Act. No incriminating material has been found during the course of […]

Expense on Consumable Tools having short working life with no independent function allowable as Revenue expense

March 28, 2022 861 Views 0 comment Print

Walvoil Fluid Power India Pvt. Ltd. Vs DCIT (ITAT Bangalore) On perusal of the list of the tools treated as capital in nature and we find that the value per item in the entire list is not significant. The ratio laid down by the Hon’ble SC in Sarvana Spinning Mills Pvt. Ltd., (Supra) is that […]

Deduction of employees’ contribution to PF/ESI made prior to due date of filing ITR

March 28, 2022 2292 Views 0 comment Print

Google India Private Limited Vs DCIT (ITAT Bangalore) ITAT held that assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1) of the I.T.Act. It was further held by the ITAT that […]

No addition for cash deposit of demonetized notes for which Sales already been offered for taxation

March 27, 2022 6741 Views 0 comment Print

Appeal by Anantpur Kalpana against CIT(A) order on demonetized notes. Cash deposits treated as unexplained credits. Learn about double taxation issues

ITAT directs NFAC to reconsider Appeal instead of dismissing merely for delay in filing

March 27, 2022 675 Views 0 comment Print

Neelam Hospital Vs ITO (ITAT Chandigarh) Admittedly and undisputedly, the assessee had filed the appeal before the NFAC beyond the period of limitation and there was a delay of 252 days in filing the appeal. However, it is also undisputed that the NFAC did not adjudicate the appeal of the assessee on merits but dismissed […]

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