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No reassessment in absence of failure on part of assessee to fully & truly disclose all material facts

January 3, 2022 2133 Views 0 comment Print

District Co-operative Central Bank Ltd. Vs ACIT (ITAT Bengalore) Conclusion: Reassessment beyond four years was not valid in the absence of failure on part of assessee to fully and truly disclose all material facts necessary for assessment. Held: Assessee claimed deduction of Rs.3,50,00,000/- u/s 36(1)(viia). However, assessee debited only Rs.3,00,00,000/- to the profit and loss […]

Diamond studded in Gold Jewellery eligible to be included in calculation of Limit as per CBDT instruction

January 3, 2022 4458 Views 0 comment Print

Suresh Bansal Vs DCIT (ITAT Delhi) Basing on the CBDT instruction No 1916 dated 11/5/1994 and while referring to the answer to question No. 10 in the statement of the assessee recorded at the time of search and seizure, Ld. AR submitted that out of the total gold of 590 g, learned Assessing Officer only […]

Education cess, not an allowable deduction: ITAT Kolkata

January 3, 2022 3132 Views 0 comment Print

An additional surcharge, to be called the Education Cess to finance the Government’s commitment to universalise quality basic education, is proposed to be levied at the rate of two per cent on the amount of tax deducted or advance tax paid, inclusive of surcharge.

ITAT allows trade incentive/Discount/issuance of free handsets to distributor as business expense

January 3, 2022 2478 Views 0 comment Print

Nokia India Pvt. Ltd. Vs ACIT (ITAT Delhi) Conclusion: In present facts of the case, the Hon’ble Tribunal observed trade incentive to distributor, trade discounts and issuance of handsets on Free of Cost as business expense. Facts: The assessee company filed its return of income on 30.11.2013 declaring total income at Rs.5,35,77,93,880/-. Later, the return […]

Providing scholarships to students in foreign university is a business expenditure

January 3, 2022 1662 Views 0 comment Print

Harish N. Salve Vs ACIT (ITAT Delhi) Conclusion: In present facts of the case, the Hon’ble Tribunal held that providing scholarships to students in foreign university is a business expenditure. Facts: Assessee is an Advocate by profession and is stated to derive income from Business, Capital Gain and Other Sources. Assessee filed his return of […]

Reopening based on Audit objection valid if cash payments above Rs. 20000 escaped scrutiny

January 1, 2022 8406 Views 3 comments Print

ITO Vs Mayuri Constructions (ITAT Hyderabad) The brief facts of the case are that the assessee is a firm engaged in the business as civil contractor filed its return of income for the AY 2008-09 on 14/10/2008 declaring total income of Rs. 65,254/-. Initially, the return was processed U/s. 143(1) of the Act and thereafter […]

ITAT deletes Addition of Rs. 17.32 crore for alleged Accommodation Entries

January 1, 2022 4560 Views 0 comment Print

More Credit Securities (P) Ltd. Vs ITO (ITAT Delhi) We find the Ld. CIT(A) while deleting the addition made by the A.O. under section 68 of the I.T. Act, 1961 has noted that assessee has filed the copies of the returns of income for A.Y. 2010-11 of all the applicants, copies of their audited balance-sheets […]

Section 54 exemption eligible on multiple residential houses before A.Y. 2015-16

January 1, 2022 8892 Views 0 comment Print

Sunandan Kumar Minocha Vs ITO (ITAT Delhi) ITAT held that assessee is eligible for claim of exemption u/s 54 in respect of purchase of 3 different residential houses and amendment brought in the Finance Act, 2014 w.e.f. 01.04.2015 will not be applicable in AY 2013-14. FULL TEXT OF THE ORDER OF ITAT DELHI Aforesaid appeal […]

Interest Income cannot be excluded for computing eligible remuneration of Partners

December 30, 2021 1572 Views 0 comment Print

Mac Industries Vs ITO (ITAT Surat) No disallowance as AO did not get jurisdiction to go behind net profit shown by Profit and Loss Account except adjustments as per Explanation 3 Conclusion: Addition on account of interest incomes to be excluded in the computation of book profits was not justified by AO as per Explanation […]

Addition for PF/ESI paid beyond due date under respective Laws but before due date of ITR filing not sustainable

December 28, 2021 4215 Views 0 comment Print

Adama Solution P. Ltd. Vs ADIT (ITAT Delhi) ITAT allowed the issue raised by the assessee holding that the addition/disallowance made by the learned assessing officer of late deposit of employees contribution to the provident fund and ESI, as it is deposited before the due date of the filing of the return of an income […]

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