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Depreciation on Tenancy Rights allowable under the Income Tax Act

August 16, 2021 3486 Views 0 comment Print

Premier Book Company Vs Addl. CIT (ITAT Delhi) M/s Premier Book Company (Appellant) has filed the current appeal challenging the order by the Commissioner of Income Tax (Appeals) (CIT(A)) dated June 03, 2016 pertaining to Assessment Year (A.Y) 2010-11, which upheld the disallowance of depreciation on tenancy rights. The Assessing Officers disallowed the claim under […]

Free medicine samples given to physicians by pharma companies, cannot be treated as freebies

August 16, 2021 4602 Views 0 comment Print

ACIT Vs Solvay Pharma India Ltd (ITAT Mumbai) We observe that the CBDT Circular dated 1-8-2012 (supra) in its clarification has enlarged the scope and applicability of ‘Indian Medical Council Regulation 2002’ by making it applicable to the pharmaceutical companies or allied health care sector industries. Such an enlargement of scope of MCI regulation to […]

ITAT deletes adhoc disallowance of advertisement and publicity expense

August 16, 2021 1929 Views 0 comment Print

Goodyear India Ltd. Vs NeAC (ITAT Delhi) Coming to Ground raised by the assessee against the making of adhoc disallowance amounting to Rs.3,52,33,953/- being 30% of the total expenditure of 11,74,46,510/- incurred by the assessee on advertisement and publicity. CIT DR submitted that the AE of the assessee company would certainly be benefitted  by  expenditure […]

ITAT allows proportionate expenses related to office-cum-residence used by ‘Farah Khan’

August 15, 2021 2100 Views 0 comment Print

ACIT Vs Farah Khan (ITAT Mumbai) During the course of assessment proceedings, it transpired that the assessee owned 6 flats / units (A3501A, A3501B, A3501C, A3601A, A3601B & A3601C) on 35th & 36th floor of a Building namely Oberoi Sky Heights situated at Lokhandwala Complex, Andheri (West), Mumbai. All the units were stated to be […]

Section 12AA: CIT(E ) should not extend its authority beyond Income Tax Act, 1961

August 15, 2021 2163 Views 0 comment Print

Doctor Madan Lal Atri Charitable Trust Vs CIT Exmp. (ITAT Agra) The purpose of grant of registration is to ensure that the assessee is primarily into charitable activities as defined undersection 2(15) of the Act and for those purposes, Commissioner exemption should make enquiries only. The Commissioner exemption should not use this opportunity to extend […]

Late payment of employee’s contribution to EPF & ESIC allowable if paid before filing I.T. return

August 15, 2021 8262 Views 0 comment Print

Indo States Exports Vs ACIT (ITAT Delhi) The only effective ground is against the disallowance of Rs.3,01,631/- on account of late payment of employee’s contribution towards EPF and ESI. Ld. Counsel for the assessee submitted that authorities below were not justified in disallowing the claim of the assessee in respect of employee’s contribution. Hon’ble Jurisdictional […]

ITAT reduces addition for Bogus Purchase to 6% from 12.5%

August 13, 2021 993 Views 0 comment Print

Shri Kamal H. Shah Vs ITO (ITAT Mumbai) Undisputedly, the assessee has failed to prove genuineness of purchases and the authenticity of the dealers in both the impugned assessment years. The notices sent to the dealers under section 133(6) of the Act on the addresses furnished by the assessee by the Assessing Officer were received […]

Bogus purchases – no section 263 revision for estimating income at higher rates

August 13, 2021 1332 Views 0 comment Print

M/s. Vaghasiya Exports Vs Pr. CIT (ITAT Mumbai) Ld. AO was clinched with the issue of suspicious purchases made by the assessee from various entities of tainted group. In fact, it is the only addition made in the assessment order. Specific queries were raised requiring the assessee to substantiate the purchases under suspicion. The assessee […]

No infringement of Section 40A(3) four cash payment for seeds to villagers & tribals in naxalite area

August 13, 2021 993 Views 0 comment Print

Bharat Agro Industries Vs ITO (ITAT Raipur) The first allegation concerns infringement of Section 40A(3) of the Act and consequent applicability of Section 40(a)(ia) of the Act. In this regard, it is the case of the assessee that purchases were made from villagers/Tribals who are procuring the seeds and supplying the same to the assessee. […]

Delayed employees contribution to PF/ESIC deposited before due date of filing ROI u/s 139(1) is allowed as deduction

August 12, 2021 3912 Views 0 comment Print

Main issue involved in the matter was that Employees contribution to VPF was deposited after due dates under explanation to section 36(1)(va) but before the end of relevant previous year is allowable deduction or not.

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