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Exceptions in low Tax effect circular not applicable to Penalty appeals

December 26, 2021 4284 Views 0 comment Print

DCIT Vs Aluvind Architectural Pvt. Ltd. (ITAT Mumbai) We find at the outset, the ld AR argued that penalty that is in dispute before us, falls below the monetary limit prescribed by the CBDT in its Circular 17/2019 dated 08/08/2019 for preferring appeal by the Revenue before this Tribunal. We find that the ld. DR […]

Addition of notional rent in respect of unsold flats held as stock-in trade is not valid

December 26, 2021 6597 Views 0 comment Print

DCIT Vs. Bengal Shapoorji Housing Development Pvt. Ltd. (ITAT Mumbai) The ld. A.R assailed the assessing of the ALV of the flats that were held by the assessee firm, a real estate developer, as it stock-in-trade of its business for the year under consideration. It was the claim of the ld. A.R that as the […]

Delayed deposit of ESI/PF u/s 36(1)(va)- ITAT allowed deduction

December 26, 2021 1851 Views 0 comment Print

Transzone Logistrics (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) It is an undisputed fact that though there has been delay in deposit of PF/ESI dues but it is also an undisputed fact that money collected from employees, have been deposited with the appropriate authorities before filing of return of income. We find that Delhi Bench […]

Amended provisions of section 43B & 36(1)(va) not applicable for AYs prior to AY 2021-22

December 25, 2021 3030 Views 0 comment Print

Eskay Heat Transfers Private Limited Vs ADIT (ITAT Bangalore) Till Assessment Year (AY) 2020-2021 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 as Amendment by Finance Act, […]

Bright-line test for TP adjustment on AMP expenditure is unsustainable in law

December 25, 2021 7932 Views 0 comment Print

Timex Group India Ltd. Vs ACIT (ITAT Delhi) Brief facts of the case are that the assessee is a company engaged in the business of manufacture, trading, sale and servicing of quartz, analogue and digital watches and watch components; manufacture and sale of plastic components, tools and moulds; and rendering information technology and financial support […]

ITeS’ functionally not comparable to Knowledge Process Outsourcing

December 25, 2021 2481 Views 0 comment Print

The assessee company provides back office support services to AEs with the help of tools, infrastructure and training provided by the AEs which is different than the functions of the KPO.

ITAT deletes addition for royalty – Dabur India gets relief

December 25, 2021 2244 Views 0 comment Print

Dabur India Ltd. Vs ACIT (ITAT Delhi) We have heard both the parties and perused the relevant material available on record. As regards to agreement with Dabur Nepal Pvt. Ltd. Nepal, it is pertinent to note that the issue stands covered in favour of the assessee by the order of the Tribunal in the asssessee’s […]

ITAT deletes addition for Retention money kept with Electricity Board

December 24, 2021 1605 Views 0 comment Print

Lumino Industries Ltd. Vs ACIT (ITAT Kolkata) Retention money kept with the Electricity Board which would be released latter only once the assessee fulfills all the obligations under the contract then only the assessee would acquire the right to receive such retention money so this is contingent in nature, so the amount in question cannot […]

Conflicting judicial opinion – No adjustment U/s. 154 can be made 

December 24, 2021 1335 Views 0 comment Print

Nikhil Mohine Vs DCIT (ITAT Jabalpur) Sec. 43B(b) does not include the employee contribution, and even regarding so is to no avail, rendering the Explanations under reference, even as suggested by their express language, explanatory. An examination of the Notes on Clauses to, and the Memorandum explaining the Provisions of, Finance Bill, 2021, however, resolves […]

Amended provisions related to deduction for ESI/PF applicable from AY 2021-22

December 24, 2021 6066 Views 0 comment Print

Abhimanyu Sharma Vs ITO (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act and therefore, the legal proposition laid down in aforesaid […]

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