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Depreciation on smart phones functioning equivalent to computers

July 13, 2021 107700 Views 0 comment Print

Falcon Business Resources Pvt. Ltd. Vs DCIT (ITAT Delhi) The lower authorities while deciding the issue whether the depreciation is allowable on mobile phones @ 15% or considering the mobile phones computers @ 60%. This issue has been decided by the solitary decision of Hon’ble Kerala High Court in the case of Federal Bank Ltd. […]

No TDS on Purchase of software licenses with associated hardware from Foreign Companies

July 12, 2021 20997 Views 0 comment Print

Autodesk Asia Pte Limited Vs DCIT (ITAT Bengalore) The assessee is a Singapore based company, a subsidiary of Autodesk US and the headquarters for Asia-Pacific (APAC) region. It is engaged in the business of manufacturing, designing and supporting computer software and related Autodesk products in the APAC region. It performs or manages activities related to […]

TDS Credit allowable in Years In Which Income is Assessable to tax

July 12, 2021 9051 Views 0 comment Print

DCIT Vs Sasken Network Engineering Limited (ITAT Bangalore) In terms of section 199, Rule 37BA provides that credit for tax deducted at source and paid to the Central Government shall be given for the Assessment Year for which such income is assessable. In case the income is assessable over a number of years, credit for […]

Section 68 addition based on mere bald findings not sustainable

July 12, 2021 921 Views 0 comment Print

ITAT Pune partially allows appeal in Amrutlal Gangaji Choudhary Vs. DCIT. Section 68 addition lacks cogent reasons. Remanded for de novo adjudication.

HC grants Stay to Vodafone as non-completion of hearing was solely attributable to revenue

July 12, 2021 954 Views 0 comment Print

Thus it is clear that non completion of hearing of this appeal is solely attributable to revenue. In these circumstances, we are of the considered opinion that there is no change in facts and circumstances of the case. Accordingly, we extend the stay for a period of six months or till the disposal of the appeal whichever is earlier.

Notional rent not leviable if a flat is inhabitable and in a ruinous condition

July 12, 2021 2091 Views 0 comment Print

Explore ITAT Mumbai’s rulings in Amit Jalan vs ACIT cases, covering issues like notional rent for vacant flats and municipal ratable values.

Expenses incurred on buy back of shares allowed as revenue expenditure

July 12, 2021 5220 Views 0 comment Print

Ocwen Financial Solutions Pvt. Ltd. Vs ACIT (ITAT Bangalore) During the previous year relevant to assessment year, the assessee had spent on buy-back of shares and debited the same to Profit & Loss account. The expenditure was disallowed by the AO in his draft assessment order holding the same to be capital expenditure. Hon’ble High […]

No Section 263 Revision If Assessment Orders neither Erroneous nor Prejudicial To Revenue Interest

July 11, 2021 2097 Views 0 comment Print

Kamal Kishore Mukati Vs PCIT (ITAT Indore) The facts in brief are that the assessee entered into an agreement in March 2006 for sale of agricultural land used for agricultural purpose. He received sale consideration in parts through banking channels. Sale deed was finally registered between March 2006 and April 2008. Before registering the sale […]

ITAT criticises CIT(A) for lack of judicious approach

July 11, 2021 1077 Views 0 comment Print

Qantas Airways Ltd. Vs ACIT (ITAT Mumbai) Section 194C TDS deductible on Payment for use of lounge facilities by passengers A payment for the use of lounge facilities by the passengers, in our considered view, is clearly in the nature of payment for the use of certain facilities for the passengers. What passenger gets by […]

No Section 234E Late Fee for TDS return defaults prior to 1st June 2015

July 9, 2021 14175 Views 0 comment Print

Raj Veer Singh Vs ACIT (ITAT Delhi) We are of the considered view that no doubt provisions contained u/s 234E under which late fee has been levied for defaults of period in filing the TDS/TCS statements/returns but coordinate Benches of the Tribunal have followed one approach, though there are conflicting decisions of different High Courts […]

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