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Repair Renovation Expense on Leased Premises to uplift ambiance & make it fit for operating allowable

September 3, 2021 4578 Views 0 comment Print

Karnataka Soaps & Detergents Limited Vs ACIT (ITAT Bangalore) The assessee had set up a branch office in Mumbai. The branch office was housed in a leased premises (leave and licence deed was executed on 5th December, 2013). The leased premises required certain repairs and renovation amounting to Rs.12,95,867. The assessee had claimed the above […]

Depreciation on iPad chargeable at lower rates because it is not a computer

September 2, 2021 36012 Views 0 comment Print

Kohinoor Indian Pvt. Ltd Vs ACIT (ITAT Amritsar) M/S Kohinoor India Pvt. Ltd (Appellant) filed an appeal in the Appellate tribunal against the order dated March 14, 2017 passed by the Commissioner of Income tax (Appeals) (Respondent) in respect of assessment years 2012-13 and 2013-14, posing a question as to whether iPad falls under the […]

Taxability of compensation received by assessee for non-delivery of Villa under Builder-Buyer Agreement

September 2, 2021 34998 Views 0 comment Print

Smt. Abha Bansal Vs. Pr. CIT (Central) (ITAT Delhi) Taxability of the compensation received by the assessee for non-delivery of the Villa under Builder-Buyer Agreement The compensation received by the assessee on cancellation of the Builder-Buyer Agreement is capital receipt and taxable as capital gains. The view of the A.O. was, therefore, in accordance with […]

Amendment in section 43B by Finance Act, 2021 is applicable prospectively

September 1, 2021 2760 Views 0 comment Print

AKS Power Equipments (P) Ltd. Vs. DCIT (ITAT Kolkata) Where assessee remitted employees contribution towards PF and ESI before filing of return under section 139(1) and that the amendment/Explanation brought in Section 43B of Income Tax Act, 1961 by Finance Act, 2021 with effect from 1-4-2021 on the instant issue being prospective in nature, the […]

Disallowances u/s.14A cannot exceed amount of exempt income

September 1, 2021 1149 Views 0 comment Print

Disallowances u/s.14A could not exceed amount of exempt income, therefore, AO was directed to restrict disallowances u/s.14A to the extent of exempt income earned for the impugned assessment year.

No addition for bogus purchases in case of lack of enquiry by AO

September 1, 2021 15780 Views 0 comment Print

Supertech Forgings (India) Pvt. Ltd. Vs DCIT (ITAT Amritsar)Vs DCIT (ITAT Amritsar) Conclusion: Additions made for alleged bogus purchase bills by AO was not justified as AO had not applied his mind to the information received from the Investigating Wing and he had not provided the opportunity to cross examine a person whose statement was […]

CIT(A) cannot make addition on issues not covered by limited scrutiny

August 31, 2021 3399 Views 0 comment Print

Arjun Transport Company Private Limited Vs ITO (ITAT Mumbai)  In cases selected under ‘limited scrutiny’, the Assessing Officer cannot exceed the latitude of limited scrutiny unless the scope of scrutiny is expanded or the case is converted from ‘limited scrutiny’ to ‘complete scrutiny’ with the approval of authority, as specified by the CBDT in Instructions […]

No TDS on payment towards lease line charges under section 194I

August 31, 2021 87549 Views 0 comment Print

TDS on payment towards lease line charge was liable to deduct under section 194J as against under section 194I as lease line services were standard automatic services which were availed by any telecom service provider for the transmission of data and was not under any exclusive arrangement.

No Tax on Capital Gains on Sale of Agricultural Land which is not a capital asset

August 31, 2021 22662 Views 0 comment Print

Dashratbhai Gopalbhai Patel Vs ITO (ITAT Ahmedabad) We find that the assessee has successfully demonstrated that the land parcels situated as Adalaj does not fall within the meaning of expression ‘Municipality’ or ‘Municipal Corporation’ and therefore falls in exception provided in sub-clause (a) to Section 2(14)(iii) of the Act. As stated on behalf of assessee, […]

In absence of malfide or false claim AO not justified in taking hyper technical view

August 30, 2021 1224 Views 0 comment Print

Shri Ashutosh Jha (HUF) Vs. ITO (ITAT Kolkata) The claim of the assessee has been that the assessee had purchased the property at a lower rate as per the value mentioned in the agreement to purchase dated 19-07-2012. However, the Ld. AO has adopted the stamp duty value as on date of sale i.e. 28-05-2013. […]

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