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ITAT allows 50% of deduction to local clubs/bodies during festival/sports for smooth running of business

February 13, 2022 1254 Views 0 comment Print

Eastern Coalfields Ltd. Vs DCIT (ITAT Kolkata) We note that the assessee has made a claim of deduction regarding donation made to the tune of Rs. 27,27,000/- but the AO disallowed the claim. On appeal, the Ld. CIT(A) has given partial relief by allowing 50% of expenditure claimed as donation. We note that on similar […]

ITAT slams dept for addition against Loan taken by Assessee for further studies of daughter

February 13, 2022 936 Views 0 comment Print

Ganesh Balkrishna Bende Vs ITO (ITAT Pune) Here is a case in which a salaried person pooled his life­long endeavour for the further studies of his daughter. In such a panorama, a holistic approach needs to be adopted. When I consider the facts of the instant case as a whole, there remains no doubt whatsoever […]

Bogus Purchase: Disallowance may be restricted to the extent of profit embedded in such purchases

February 13, 2022 5052 Views 0 comment Print

ITO Vs Shree Deepak Banwarilal Agarwal (ITAT Surat) We find that during the assessment the AO made addition of 100% of purchases shown by the assessee from four parties which were managed by “PK Jain” and his group. The AO made addition on the basis of report of Investigation Wing about the search & seizure […]

An expense cannot be treated as Capital merely for increase in Turnover and Profit

February 13, 2022 1248 Views 0 comment Print

DCIT Vs Omni Active Health Technologies Ltd. (ITAT Mumbai) Briefly, the assessee is in the business of trading of healthcare and Nutraceuticals Products. The assessee is being granted patents for the one of its process in United States. A US based company filed suit against the appellant in July, 2008 for infringement of the patents […]

TDS not deductible on payment for time charter of ships to non-resident

February 11, 2022 5775 Views 0 comment Print

ITO Vs Terapanth Foods Limited (ITAT Rajkot) It is pertinent to note that the CIT(A) has categorically mentioned that Section 195 of the Act would apply only if payment is made which is chargeable under Income Tax Act 1961. The Assessing Officer has not given any reason as to why the chargeability of tax under […]

Section 54F exemption eligible on two flats to be used as a single dwelling unit

February 11, 2022 7206 Views 0 comment Print

Appeal by Anita Oberai against CIT(A) denial of exemption u/s.54F for two adjacent flats purchased. ITAT Pune sets aside the order in favor of the assessee.

Software licences & support services not chargeable to tax as Royalty

February 11, 2022 2598 Views 0 comment Print

BMC Software Asia Pacific Pte Ltd. Vs ACIT (ITAT Pune) The brief facts relating to the issue are that the assessee is a company incorporated under the laws of Singapore and is a tax resident of Singapore, therefore, the assessee is a non-resident from an Indian Income-tax perspective. We note that the assessee declared an […]

CIT justified in disallowing depreciation on Plant & Machinery, Purchase of which was already treated as Bogus by AO

February 10, 2022 1530 Views 0 comment Print

Lahari Laminates Pvt. Ltd. Vs DCIT (ITAT Raipur) With reference to the first issue i.e. incorrect allowance of depreciation of Rs.59,45,940/- on bogus purchase of Plant & Machinery, the learned counsel for the assessee fairy submitted that where the A.O. has made disallowance on Plant & Machinery, it was permissible for the A.O. to disallow […]

No justification of making addition in absence of any evidence of unaccounted investment

February 10, 2022 3285 Views 0 comment Print

Raj Enterprise Vs DCIT (ITAT Surat) The Hon’ble Gujarat high Court in CIT Vs Golden Finance (supra) held that where Assessing Officer made addition on account of unexplained investment on basis of document impounded during survey and statement recorded by partner of assessee-firm, in view of fact that said documents did not suggest that noting […]

Brokerage cannot be deducted from Capital Gain if Assessee not furnishes evidence of payment

February 10, 2022 16746 Views 0 comment Print

Smt. Preeti Rathi Vs ITO (ITAT Pune) The first issue raised herein is against not allowing deduction towards brokerage of Rs.80,000/- paid by the assessee at the time of purchase of the property in the computation of capital gain towards. The claim of the assessee is that she paid a sum of Rs.80,000/- as brokerage […]

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