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Books cannot be rejected by AO for mere decline in gross profit

November 11, 2021 1602 Views 0 comment Print

Shri Sanjay Agarwal Vs ITO (ITAT Jaipur) In this case, the AO has rejected the books of accounts and has estimated G.P. rate of 0.69% on declared turnover as against G.P rate of 0.38% declared by the assessee and made a trading addition of Rs. 49,56,217/- in the hands of the assessee. The AO has […]

No additions for cash deposit duly explained with cash flow statement 

November 10, 2021 3771 Views 0 comment Print

Smt. Renukaben Umedsinh Parmar Vs ITO (ITAT Surat) The assessing officer made addition by taking his view that assessee is a Government Employee and was maintaining bank account and that a person who is maintaining bank account will not keep such huge cash in hand which is abnormal. The ld.CIT(A) concurred with the finding of […]

Reclamation & rehabilitation expenditure allowable under section 37(1)

November 10, 2021 2652 Views 0 comment Print

Held expenditure of reclamation and rehabilitation had to be allowed as a deduction under section 37(1) of the Act as expenditure incurred wholly and exclusively in connection with the business of the assessee.

Guarantee Commission is not a ‘Levy’ for Disallowance u/s 40(a)(iib): ITAT

November 10, 2021 2880 Views 0 comment Print

Krishna Bhagya Jala Nigam Limited Vs ACIT (ITAT Bangalore) Guarantee commission not ‘Levy’ for the purposes of disallowance under Section 40(a)(iib) of the IT Act ITAT held that guarantee commission paid in consideration for the state government agreeing to suffer a detriment in the event of non-payment of the bonds on its maturity and is merely […]

No Disallowance if employee’s contribution towards ESI & PF paid before due date of filing of income tax return

November 9, 2021 82503 Views 0 comment Print

Shashi Rajawat 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. Further, it is noted that the ld CIT(A) has […]

Depreciation allowable on WDV without reducing loan waiver

November 9, 2021 3153 Views 0 comment Print

Waiver of loan in the earlier year has no impact either on the actual cost u/s 43(1) or the w.d.v. u/s 43(6) for the year under consideration and further section 2(24)(xviii) also does not envelope such waiver within the ambit of `income‘ for the extant year. In that view of the matter, depreciation has to be allowed on the w.d.v. of the block of Machinery at the gross value without reducing the waiver of loan therefrom.

TDS not deductible on exempt supplementary rent – Section 10(15A)

November 5, 2021 2622 Views 0 comment Print

The appellant has alleged disallowance of lease rental payment treating the same as capital expenditure. Further, the appellant has also alleged that CIT(A) has erred in upholding the payment of supplementary rent to Lessors in Ireland under Lease Agreements executed after 01st April 2007 attracts liability for TDS.

Capital subsidy liable to be excluded from computation of book profit

November 4, 2021 6855 Views 0 comment Print

Sunrise Biscuit Co. Pvt. Ltd. Vs ITO (ITAT Gauhati) VAT subsidy received by the Assessee – subsidy received for substantial expansion of the undertaking – subsidy is capital in nature – capital subsidy liable to be excluded from the computation of books profit Facts- The assessee has received subsidy of INR 8,78,84,902/- from the Industrial […]

ITAT disallows grossing up of TDS deducted on interest paid to AE

November 3, 2021 6138 Views 0 comment Print

Lite-on Mobile India Pvt. Ltd. Vs DCIT (ITAT Chennai) Facts- TPO in respect of procurement of management services determined NIL arm’s length price by holding that the assessee didn’t bring any evidence on record to suggest that it was in need for services for which it has paid to its AEs. Further, assessee has availed […]

Section 43B is of no consequence to judge applicability of section 36(1)(va)

November 3, 2021 2106 Views 0 comment Print

Now it has been provided that the due date in section 43B is of no consequence to judge the applicability of provisions of section 36[1][va]of the Act and that too with effect from 01.04.2021.

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