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Income declared on proportional receipt basis cannot be questioned

June 23, 2021 2184 Views 0 comment Print

DCIT Vs Monster.Com (India) Private Limited (ITAT Hyderabad)  In the assessee’s own case the Tribunal observed that the assessee followed appropriate revenue recognition method of accounting and thus the income declared on proportional receipt basis cannot be questioned. This order was followed by the ITAT in the assessee’s own case in the A.Ys 2007-08 to […]

Bogus purchases Addition justified if based on evidences instead of sworn statements

June 23, 2021 3441 Views 0 comment Print

Additions made by AO was not only on the basis of sworn statement but also on the basis other evidences collected during the course of search including discrepancies in books of accounts regarding accounting of bogus purchases therefore, there was no merit in arguments of assessee that AO had made additions towards alleged purchases only on the basis of statement recorded from those parties without further evidences.

AO cannot tax Cash deposit of less than Rs. 2.5 Lakh during demonetization by housewife

June 18, 2021 8478 Views 0 comment Print

The instructions of the Board, which are statutory and binding on the revenue, assessing officer has no mandate to tax the cash deposit made in the bank account by the housewife if the amount is less than 2.5 lakh, during the Demonetization Scheme of 2016

Tax Payable on capital gain account amount Not utilized within Statutory Period

June 18, 2021 9741 Views 0 comment Print

Avtar Krishen Jalla Vs ITO (ITAT Delhi) As per the provisions of Section 54, the assessee has to utilize the amount deposited in the capital gain account for the purpose of purchase or construction of the new asset within the specified time for availing the benefit of capital gain. Here the assessee has made payments […]

Tax not deductible if no income is held to be taxable in India

June 18, 2021 957 Views 0 comment Print

Liability under section 201(1A), which could only proceed on the foundational assumption that tax was deductible at source by the person making payment in question, will end up exonerating the person, in whose hands the income is taxable, of liability under section 234B.

For Capital Gain Relevant Date is possession date not OC date

June 18, 2021 7386 Views 0 comment Print

G. Dasaratharami Reddy Vs ITO (ITAT Bangalore) There is no dispute with regard to the fact that the ‘Agreement to sell’ dated 14.12.2007 contains the clause that the balance amount of Rs.16.50 lakhs shall be paid to the seller after obtaining occupancy certificate and also after giving possession of the property. There is also no […]

No section 263 revision by PCIT based on borrowed satisfaction

June 18, 2021 1956 Views 0 comment Print

Since the revision proceedings u/s 263 had been apparently triggered only based on borrowed satisfaction i.e Audit Objection and not based on independent application of mind by PCIT therefore, the revision order passed by PCIT u/s 263 was hereby directed to be quashed.

No TDS on commission to Agents outside India if such agent pays income after deduction of commission

June 18, 2021 1674 Views 0 comment Print

Since assessee was a recipient of income in India after deduction of commission by the buyer outside India and no income had been received or paid inside India, which attracted TDS deduction in India, therefore, assessee was not liable to deduct TDS in India.

ALP determinable on combined accounts approach in case of failure to separate common costs

June 18, 2021 1857 Views 0 comment Print

TPO determined ALP on the combined accounts approach rather than the split approach adopted by assessee as assessee failed to substantiate such common material costs were properly allocated segment-wise and Transfer Pricing Adjustment made at entity level should be restricted to international transactions only.

Amount forfeited by buyer cannot be taxed only actual receipt can be taxed

June 17, 2021 960 Views 0 comment Print

ITAT Delhi ruling on Amarjeet Kaur vs ACIT case. Disputed capital gains on property sale. Appeal outcome explained.

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