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No section 143(2) notice requirement if no valid filed return filed by Assessee

July 26, 2021 8736 Views 0 comment Print

When there was no valid return available before AO as assessee neither filed original return under section 139(1) nor filed any return in response to the notice issued under section 148 within the prior limit of 30 days as stated in the notice under section 148, there is no requirement of issuance of notice under section 143(2).

ITAT grants stay to Vodafone subject to payment of tax of Rs 230 crores

July 26, 2021 873 Views 0 comment Print

Vodafone India Services Limited Vs ACIT (ITAT Mumbai) 1. By way of this application, the asses see-applicant seeks a stay on collection recovery of the tax and interest demands, aggregating to Rs 1128.46 crores, in the matter of assessment under section 143(3) r.w.s. 144C of the Income Tax Act, 1961, for the assessment year 2014- […]

Functionally different company cannot be included in List of Comparables

July 23, 2021 1149 Views 0 comment Print

SAP Labs India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The argument of the learned AR is that Infosys Limited is functionally different from the assessee. It owns intangible and undertakes research and development. The learned AR also submitted that it has high brand value and turnover. On the contrary, the learned DR submitted that the […]

CSR expenses incurred to make donations to Trusts eligible for deduction

July 22, 2021 14865 Views 0 comment Print

JMS Mining Pvt. Ltd. Vs PCIT (ITAT Kolkata) Current appeal has been filed against the order dated March 30, 2021 (Impugned order) passed by Ld. Principal Commissioner of Income-tax (Respondent) under Section 263 of Income Tax Act, 1961 (IT Act). It is challenged on the ground of the invocation of jurisdiction by the Respondent without […]

AO cannot refer matter to DVO without rejecting Books of Accounts

July 22, 2021 1476 Views 0 comment Print

The appellant failed to offer any explanation properly in support of the grounds raised in this appeal nor any supporting evidence were produced despite adequate opportunity having been provided. Since, in the instant case the appellant has not be able to show that the decision of the AO

Professional charges incurred during company acquisition cannot be treated as revenue expenses

July 22, 2021 5964 Views 0 comment Print

M/s Steer Engineering Pvt. Ltd. Vs Addl. CIT (ITAT Bangalore) M/s. Steer Engineering Pvt. Ltd. (Appellant) acquired the business of two companies namely Concord United Products Pvt. Ltd., and M/s. Aditya Precision Deposition Moulding Pvt. Ltd. and incurred Rs.1,20,820/- as professional fees for drafting business transfer agreements and legal opinions. The Appellant claimed it as […]

Section 11 exemption cannot be denied for providing hostel facilities to staff & students

July 22, 2021 3405 Views 0 comment Print

Durga Charitable Society Vs JCIT  (ITAT Delhi) Charitable Society providing hostel facilities to staff and students is integral part of ‘Educational Activities’,  and Section 11 exemption allowed Durga Charitable Society (Appellant) is a Society duly registered under Society Registration Act, 1860 and is engaged in running various educational institutions, medical colleges and charitable hospitals. Assessing […]

No penalty leviable unless the conduct of the assessee is found to be contumacious

July 20, 2021 3051 Views 0 comment Print

Aanya Real Estate Pvt. Ltd. Vs DCIT (ITAT Mumbai) In M/s. Aanya Real Estate Pvt. Ltd. v. Deputy CIT [IT A No. 115/Mum/2020 decided on July 20, 2021] M/s. Aanya Real Estate Pvt. Ltd. (“the Appellant”) is a real estate company. During assessment, it was noted that the Petitioner had disclosed payment for Exchange Server […]

Delegation of certain formalities to another entity would not dis-entitle developer from section 80IB(10) deductions

July 19, 2021 861 Views 0 comment Print

DCIT Vs Sahara India Sahkari Awas Samiti Ltd. (ITAT Delhi) In DCIT v. Sahara India Sahkari Awas [ITA Nos.2481 & 2482/Del/2011 and CO Nos.221 & 222/Del/2011 decided on July 19, 20201] Sahara India Sahkari Awas (Respondent), a cooperative society of Sahara India group and is engaged in the business of development and construction of residential […]

No section 263 Proceedings for related party transaction excluded from definition of specified domestic transaction

July 16, 2021 2439 Views 0 comment Print

Commissioner issued a show cause notice under section 263 and ultimately passed impugned order; by that time the alleged domestic transaction of purchase from related party was not required to be considered as a specified domestic transaction under section 92BA of the Act. It has been omitted, and therefore, no proceedings under section 263 should have been undertaken by the ld. Commissioner.

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