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Vague Penalty order without any sound legal basis not sustainable

January 14, 2022 1989 Views 0 comment Print

Aesthetica Enterprises P. Ltd. Vs ACIT (ITAT Delhi) In this case nature of default committed by the assessee is not known as the inappropriate portion in the relevant column of the show cause notice has not been struck off. Consequently, the Assessing Officer himself was unsure of the category under which the default is blamed […]

CIT justified in charging excess GP disclosed by Assessee claiming section 80IC deduction as Income from Other Sources

January 13, 2022 726 Views 0 comment Print

Sheo Shakti Coke Industries Vs ACIT (ITAT Kolkata) From the perusal of above finding of the Ld. CIT(A), we find that he has lucidly dealt with all the facts pertaining to discrepancies noticed in the financials of the assessee-firm and has also referred to various charts depicting the profitability of the assessee-firm in preceding years […]

Reopening of assessment not allowed for mere verification of claim

January 13, 2022 4101 Views 0 comment Print

For a mere verification of the claim, the power of re-opening of the assessment could not be exercised and it further held that AO under the guise of power to re-open the assessment cannot seek to undertake an undertaking a fishing or roving inquiry or seek to verify the claim as if he is the scrutiny officer.

Petty expenses by Companies cannot be disallowed on adhoc basis

January 13, 2022 1320 Views 0 comment Print

YKM Holdings Pvt. Ltd. Vs DCIT (ITAT Delhi) We find that, out of total expenses of Rs.10,96,510/- on the travelling and conveyance, a sum of Rs.7,99,769/- was incurred on booking of tickets and remaining for boarding and lodging, which is evident from the details given in the paper book at page 2. For booking of […]

In absence of any adverse material, AO cannot question the wisdom & business expectancy of Assessee

January 11, 2022 1548 Views 0 comment Print

Sans any adverse material, AO cannot question the wisdom and business expectancy in which wake of such evidences and record which has been duly appreciated and taken note of by the ld. CIT (A).

Once an asset is a part of block of assets, lack of subsequent use not relevant for depreciation

January 11, 2022 4614 Views 0 comment Print

Pawan Hans Helicopters Ltd. Vs DCIT (ITAT Delhi) The facts in the instant case that the helicopters were acquired in 1986-87 and the assessee has been claiming the depreciation since then has not been in dispute. The AO has allowed the depreciation on helicopters in the earlier assessment years. This fact is also not disputed […]

Penalty cannot be imposed merely for non-filing of Audit Report Electronically

January 11, 2022 7611 Views 0 comment Print

SLV Housing Development Corporation Vs ACIT (ITAT Bangalore) The tax authorities have pointed out time gap in getting a tax audit report from a new CA. However, it is a known fact that it might have taken some time to severe relationship with the earlier CA. However, the fact remains that the tax audit report […]

Co-Op society eligible for Section 80P(2)(d) deduction on Interest income from Other Co-Op societies

January 11, 2022 26499 Views 0 comment Print

Rena Sahakari Sakhar Karkhana Ltd. Vs PCIT (ITAT Pune) We find that the issue that a co-operative society would be entitled for claim of deduction under Sec. 80P(2)(d) on the interest income derived from its investments held with a co-operative bank is covered in favour of the assessee in the following cases: (i) M/s Solitaire […]

CIT cannot invoke section 263 if there was lack of inquiry from the end of AO

January 11, 2022 3423 Views 0 comment Print

Pushp Steel and Mining Private Ltd. Vs PCIT (ITAT Delhi) The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that the revisionary jurisdiction under section 263 of the Income Tax Act, 1961 can be exercised in a very gross case of inadequacy in inquiry by Assessing Officer subject to the pre-requirements provided […]

RPM method used by Taxpayer cannot be rejected without pointing defect in the same

January 11, 2022 3387 Views 0 comment Print

Randox Laboratories India Private Limited Vs ACIT (ITAT Bangalore)  The facts on record reveal that the Transfer Pricing Officer under a misconception that the assessee has undertaken manufacturing activity has rejected RPM. Learned DRP has also not examined the facts in proper perspective. Rather, learned DRP has recorded an erroneous finding by stating that in […]

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